Tag Insurance
In State Farm Insurance Company v. Heide Organek, No. 3:16cv000474, 2018 WL 624635 (D. Conn. Jan. 30, 2018), the court held an auto exclusion barred coverage for an accident involving the insured’s pizza delivery driver. The court’s holding turned on… Continue Reading →
In Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co., —F.3d —-, 2017 WL 6334169 (5th Cir. Dec. 12, 2017) (Texas law) (“LSB”), the Fifth Circuit held an insurer owed a duty to defend an additional insured against allegations of specified… Continue Reading →
When an insurer assumes charge of its policyholder’s defense while simultaneously reserving its rights on a basis adverse to the policyholder’s interests such as an intentional acts exclusion, a conflict of interest exists. In such a situation, the insurer must disclose the conflict… Continue Reading →
New Jersey courts follow the “continuous trigger” rule under which a loss that occurs progressively may trigger coverage under all consecutive insurance policies in effect while the loss is ongoing. In Air Master & Cooling, Inc. v. Selective Indem. Co…. Continue Reading →
In McShane Constr. Co., LLC v. Gotham Ins. Co., No. 16-2632 (8th Cir. filed Aug. 11, 2017), the Eighth Circuit Court of Appeals affirmed the district court’s grant of Gotham’s motion to dismiss for failure to state a claim upon… Continue Reading →
In Travelers Prop. Cas. Co. of Am. v. Klick, 2017 WL 3471357, 16-4000 (8th Cir. Aug. 14, 2017), the Eighth Circuit affirmed the ruling of the District of Minnesota, finding injuries resulting from carbon monoxide flowing from a recreational fishing… Continue Reading →
In Taos Ski Valley, Inc. v. Nova Casualty Company, Case No. 16-2118 (10th Cir. August 25, 2017), the U.S. Court of Appeals for the Tenth Circuit affirmed the U.S. District Court for the District of New Mexico’s order dismissing the… Continue Reading →
In MMG Ins. Co. v. Floor Assoc., Inc., 2017 WL 3394619 (E.D. Pa. Aug. 8, 2017), the court held an insurer owed no coverage to a flooring subcontractor, finding the case “hinges on … faulty workmanship” and concluding Pennsylvania precedent… Continue Reading →
In Westfield Ins. Co. v. Nat’l Decorating Service, Inc., 16-1439 , 2017 WL 2979654 (7th Cir. 2017) (Illinois law), the Seventh Circuit held that Westfield Insurance Company (“Westfield”) must defend several contractors and subcontractors that worked on a 24-story condominium… Continue Reading →
In Great American Insurance Company v. Hamel, 60 Tex. Sup. Ct. J. 1257, ___ S.W.3d ___ (Tex. 2017), the Texas Supreme Court clarified its decision in State Farm Fire & Cas. Co. v. Gandy, 925 S.W.3d 696, 714 (Tex. 1996),… Continue Reading →