Columns

No Homeowner Liability Coverage for an Insured’s ‘Negligent’ Assault, Even if Insured Was Intoxicated

Nicholas Fiocchi sued Ronald Zatyco for assaulting him after a verbal argument between them at a bar earlier the same evening. Fiocchi’s complaint in Pennsylvania state court attempted by artful pleading to capture Zatyco’s parents’ homeowners coverage, alleging that the …

Subrogating Hawaii: Navigating the Subrogation Trade Winds In ‘The Middle of Nowhere’

Hawaii. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or …

No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself

In a decision filed November 18, 2016, Arkansas U. S. district judge Susan Webber Wright, the same jurist who in 1998 handed a defeat to Paula Jones in her sexual harassment lawsuit against then President Bill Clinton, dealt this time …

The Exceptions to the Rule: Understanding The Dual Capacity Doctrine

The Exclusive Remedy Rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation …

UIM Endorsement Doesn’t Cover Worker Injured While Not Occupying Employer’s Truck

On October 6, 2016 the United States District Court for the Western District of Kentucky, applying Missouri law, granted a summary judgment for Travelers Property & Casualty Company of America, after holding that the injured plaintiff was not insured by …

Sales and Use Taxes on Subrogation Services

Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of …

Damage to Property Without Market Value

The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than …

CGL Coverage Excluded for Misappropriating Another’s Name, Likeness

In a decision filed August 5, 2016, the United Stated District Court for the Northern District of California, applying California law, held that a wine dealer’s commercial general liability insurance policy excludes coverage for the dealer’s misappropriation of a third …

Governmental Immunity And The Code Of Pirates

In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of …

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood or naturally-occurring fire, the resulting losses can be enough …

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