A United States District Court, applying South Carolina law, found that an automobile liability insurer had no obligation to defend or indemnify a driver who was operating an insured vehicle without the named insured’s permission, even though the operator allegedly …
Latest Case and Growing Trend Say it Must Fall Down or Cave in The scope of insurance coverage for collapse, first provided by the industry in 1954, has long been the subject of litigation in many jurisdictions. The arguments for …
Certain Lloyd’s underwriters lost their unopposed coverage motion for summary judgment based on an assault and battery policy exclusion, because a bar patron injured by gunfire did not allege she was shot as a result of a dispute, threat or …
On January 23, 2017, the California Supreme Court ruled that the insurance Commissioner of that state was given the power by the legislature to specify what factors must be covered by replacement cost estimate tools used by insurers in connection …
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 …
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 …
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 …
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 …
Applying New York law, the United States Court of Appeals for the Second Circuit held that there was no advertising injury indemnity insurance coverage for nearly $35 million in judgments against an off-price luxury goods vendor, insured Ashley Reed Trading, …
In a decision with more than the usual transaction guidance, an Illinois federal district court has taught businesses how important it is to satisfy with precision the requirements of their counterparties’ insurance policies, if they hope to gain the shelter …