Insurer May Decide What It Wants to Insure This case involves an insurance coverage dispute arising from a wrongful death and products liability claim. Lindsey King (“King”), individually and on behalf of her deceased minor child Peyton Wilt (“Wilt”), appealed the June 26, 2015 judgment of the district court granting summary judgment in favor of […]
Duty to Defend Limited to Time on Risk in Louisiana When a defendant is uninsured for a particular risk and plaintiffs sue for injuries and illness allegedly incurred in periods of time when the defendant was uninsured and some where it was insured, insured sought defense for the entire period while insurer claimed it was […]
When a liability insurer is presented with a claim seeking defense and indemnity and the facts appear to exclude all coverage, it will provide a defense under a reservation of rights so that it can take the time needed to determine whether coverage applies or not. If the insured refuses the defense, fires the defense […]
[The story that follows is fiction, based, in part, on a true case worked on by me. Any similarity to real people is unintentional. It is meant only to educate fraud professionals about how some unscrupulous people use the crime of insurance fraud for fun and profit during the Christmas season.] Raymond Alexander had no […]
UIM Coverage Only Available When Insured Injured by a Third Party Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverages are designed to provide indemnity to an insured who is injured by an uninsured or underinsured motorist’s negligence. It is not designed to supplement the liability coverage of the negligent person. In Simmons v. Geico Indemnity […]
Defendant’s Business Saved by Brilliance of Insurer I have over the last 1700 posts to this blog advised against entering into a stipulated judgment and granting a viable defendant a covenant not to execute in the hope of a windfall judgment from the insurer who refused to defend and indemnify the insured. In Auto-Owners Insurance […]
CGL Not Limited to Insuring Injury Taking Place During the Policy Period When an insured has a continuous loss where pollutants leak into the soils and cause damage over a long period of time, it can be held for the damages that result, as part of a continuous loss, over a long period of time. […]
The “Innocent Third Party Rule” Does Not Eliminate Right to Rescind When an insured obtains a policy of insurance by misrepresentation of a material fact or fraud, the insurer may rescind the policy in Michigan. However, when an innocent person is injured by the insured before the policy is rescinded, statutes and courts attempt to […]
A“Wrongful Eviction” May or May Not Be Intentional Liability insurance policies, under the personal injury cover, agree to insure against certain offenses, including the offense of wrongful eviction. In State Farm Fire and Cas. Co. v. Otten, Not Reported in N.W.2d 2016, Court of Appeals of Minnesota, WL 2946110 (May 23, 2016), was asked to […]
No Coverage for Bar-room Attack I have, until I was blue in the face, reminded my readers that liability insurance only applies to fortuitous events–there must be an accident, an occurrence, an injury without intent to cause the injury–for insurance to apply. Regardless, injured people and their lawyers attempt to gain insurance proceeds by artfully […]
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