A Florida state Court of Appeal reversed the dismissal of a claim for negligent procurement of property insurance, because, when placing the coverage, the insurer’s agent failed to account for a reduction in insurance loss proceeds caused by operation of …
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 …
The highest New York state court has ruled that disputes over workers’ compensation insurance payment agreements between National Union and three California-based employer insureds must be decided by arbitration under arbitration clauses of those agreements and the Federal Arbitration Act …
A California intermediate appellate court has reaffirmed that a client’s professional negligence claim against his or her property/casualty insurance broker is freely assignable. It held, also, that the assigned rights are enforceable in court by the assignee without proof that …
A U.S. district court in Missouri has rejected a policyholder’s strained interpretation of an “owned vehicle exclusion” standard in the underinsured motorist (UIM) coverage of automobile policies. The case, filed January 22, 2006, is entitled Walker v. Progressive Direct Ins.Co., …
A prototypical uninsured motor vehicle insurance claim involves an uninsured third party vehicle injuring someone in a different car that has both liability and uninsured motorist (UM) coverages. What happens when the policyholder is injured while she is a passenger …
An insurer is ordinarily free to restrict the risks it will underwrite and is responsible only for losses within the coverage wording of its policies of insurance. (Fresno Economy Import Used Cars, Inc. v. United States Fid. & Guar. Co. …
Based on standard homeowner policy water damage exclusions, the United States District Court in Utah found no coverage for extensive damage from water escaping over several months from a sink located in the lower level of a seasonal cabin in …