Leodis Sledge appealed the trial court’s grant of summary judgment to the City of Pine Bluff, Arkansas, et al on his claims of negligence that he asserted were the proximate cause of Leach’s death on April 16, 2020. FACTS On April 12, 2020, a large line of severe thunderstorms containing straight-line winds and tornadoes passed […]
Making a Claim for Loss to Personal Property Not Damaged is Fraud To successfully commit arson-for-profit the perpetrator needs a modicum of intelligence and some knowledge of insurance. When the perpetrator is incompetent, makes claim for property removed from the subject of the insurance before setting it afire, he or she will be caught and […]
A Certificate Conferred No Rights Upon the Holder The plaintiffs relied on a certificate of insurance advising that Chipotle was an additional insured of a policy issued to a vendor. The insurer, RLI, proved that Chipotle was not named as an additional insured nor was it an additional insured by reason of a contract with […]
No Coverage for Loss at Unidentified Property Dignity Housing West is a California nonprofit corporation that provides low-income housing. Describing itself as a housing developer and listing its only premises as 200 square feet of office space, it applied for and received a commercial general liability insurance policy from Atain Specialty Insurance In Atain Specialty […]
Criminal Caused Suit on Policy to Drag on for More than Six Years OVERLITIGATING HAS CONSEQUENCES AND SHOULD United States District Judge Gary R. Brown was faced with a legal dispute that, perhaps because the defendant was a criminal, went on for years without a final disposition. In Principal Life Insurance Company v. Jason P. […]
Insured Obligated to Prove Exception to an Exclusion In Zurich American Insurance Company v. Ironshore Specialty Insurance Company, 137 Nev.Adv.Op. 66, No. 81428, Supreme Court of Nevada, En Banc (October 28, 2021) the Supreme Court was asked to answer inquiries from the Ninth Circuit because two federal district courts issued conflicting decisions regarding whether, in […]
A Decision Finding Theft Can Be a Taking of More than Money Costs National Union $22,114,883 Plus Interest Cargill, Inc.’s (Cargill) moved for judgment on the pleadings. Cargill seeks judgment in its favor as to the one disputed claim between the parties on the extent of theft coverage and as to the issue of prejudgment interest. […]
It is axiomatic that the duty to defend is broader than the duty to indemnify. However, every liability policy excludes coverage for the intentional act of shooting a plaintiff in the stomach with a gun. However, in Pennsylvania, where the four corners rule of policy interpretation applies, when a plaintiff alleges both intentional and negligent […]
The simple answer is “yes” and “no.” The more difficult question to answer is how to quantify the savings, if any. A report from the Insurance Services Office (ISO) commented: 1. Insurers consider fraud a serious problem but their companies’ Anti-fraud efforts are only moderately effective; 2. Sixty-eight percent say their companies’ anti-fraud programs address […]
Alexander Goldinsky staged a ham-fisted slip-and-fall on ice in a company cafeteria, then tried to wriggle out by seeking pre-trial intervention that could’ve led to the insurance fraud charges being dropped. No go, the New Jersey court ruled. Goldinsky was sentenced to two years of probation plus community service for insurance fraud. The Randolph man […]
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