In Platek v. Town of Hamburg, 2015 NY Slip Op 01483 (Feb. 19, 2015), the New York Court of Appeals reversed a lower court decision and held that an ensuing loss provision is not intended to resurrect coverage for an …
A person’s classification as an employee, temporary worker, or independent contractor can often affect various insurance coverages. While the distinction arises frequently in the context of workers’ compensation claims and unemployment benefits, it can also impact coverage grants and exclusions …
Underinsured motorist (UIM) coverage allows insureds to seek recovery from their own insurance company when an at-fault driver is underinsured—carrying less liability coverage than necessary to cover the injured party’s claim. While UIM coverage offers important protection and is often …
A threshold question for insurance coverage is whether an event occurred to trigger coverage under the policy. Various theories of coverage triggers may apply depending on state law, the policy language, and the nature of the event or loss. An …
Two cases from New York recently explored the issue of when ownership of a vehicle transfers to determine how insurance coverage applies. The ownership of a vehicle can have significant implications on the applicability of insurance coverage, but with certain …
A recent case from the Eleventh Circuit Court of Appeals weighed the application of a statutory presumption to an insurance policy. In Travelers Prop. Cas. Co. of Am. v. Moore, No. 13-14413 (11th Cir. Aug. 14, 2014), 2014 U.S. App. …
When the literal language or structure of an insurance policy gives the policyholder the impression of coverage but effectively negates any meaningful coverage, coverage is said to be “illusory.” The theory of illusory coverage holds that policies should be construed …
A recent ruling from the Fifth Circuit Court of Appeals clarified that an umbrella policy may be triggered even when the underlying insurance is exhausted by claims that would not be covered by the umbrella policy itself. The case bears …
A California appellate court recently held that a homeowner may sue an insurance adjuster individually for negligent misrepresentation. While agents and employees of insurance companies are not parties to the insurance contract and generally cannot be held personally liable for …
Policyholders rely on their insurance agents to acquire insurance coverage. Generally an agent has a duty to obtain the requested coverage with reasonable care and diligence or inform the client of his inability to do so, but the agent has …