The question of whether attorney’s fees awarded under Minnesota’s insurance unreasonable denial statute could exceed the policy limits of the policy was recently addressed by the Minnesota Supreme Court in Wilbur v. State Farm Mutual Automobile Insurance Co., 892 NW2d …
Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insurance Co., 2016 WL 1752764 (M.D. Fla. April 29, 2016) the court considered the so-called “Powell rule” where the insurance company …
For purposes of an intentional injury exclusion, the intent to cause injury may be established by proof of actual intent to injure or when the character of the act is such that an intention to inflict the injury can be …
The Supreme Court of Vermont recently demonstrated in Whitney v. Vermont Mutual Ins. Co., 2015 VT 140, 2015 WL 8540432 (filed Dec. 11, 2015) a practical approach to the application of an absolute pollution exclusion. The case facts involved a …
Are insureds required to notify the insurance company of a change in business form and structure after the inception of the initial policy? This issue recently came before the United States Court of Appeals for the Tenth Circuit in Christy …
As a general proposition, the doctrine of estoppel cannot be used to expand or create insurance coverage where no coverage exists. See e.g., Continental Casualty Co. v. Advance Terrazzo & Tile Co. Inc., 462 F.3d 1002 (8th Cir. 2006) (interpreting …