Notice Requirement Must be Clear and Unambiguous Every liability insurance policy contains a requirement that the insured report claims promptly. Each policy contains a variation on that requirement. Excess policies contain different reporting clauses than do primary policies. In Essex Insurance Company v. Village of Oak Lawn, United States District Court, N.D. Illinois 2016 WL […]
Insured May Not Hide Material Information From a Marine Insurer Marine insurance, because of the risks taken, applies the doctrine of uberrimae fidei (utmost good faith) strictly. In Fireman’s Fund Ins. Co. v. Great American Ins. Co. of New York, United States Court of Appeals, Second Circuit, — F.3d —- 2016 WL 2943139 (May 20, […]
No Fortuity – No Coverage Insurance, by definition, insures only against contingent or unknown events. To obtain coverage for defense or indemnity, an insured only needs to establish that the suit against the insured was fortuitous – accidental – unintentional acts. In Mid-Century Insurance Company v. Windfall, Inc., Mettle, LLC D/B/A Mettle Strategic Marketing Solutions, […]
Unwise to Settle for Claimed Policy Limits Without Investigating All Available Coverages and Funds Litigation of serious injuries will often be sidelined by limited available insurance and assets to pay a judgment for the true value of an injury. Injured parties and their lawyers will determine the available coverages and will often settle for policy […]
In an attempt to clean up with damages after Hurricane Katrina after sitting on its rights for many years, Marion’s Cleaners, LLC, sued its insurer seeking indemnity from its insurer for damages that resulted from Katrina. In Marion’s Cleaners, LLC v. National Fire & Indemnity Exchange, Slip Copy, 2016 WL 952247 (March 14, 2016), the United […]
Court Rules for the Insured in First Late Notice/Prejudice Case In what may be the first appellate court case involving the 2009 New York law requiring the insurer to show that it was prejudiced by the insured’s giving late notice of an occurrence, the Fourth Judicial Department1 ruled in favor of the insured. The decision […]
An Insured Can Only Kill a Child Once When a person is injured or killed as the result of the negligence of another, an insurer is obligated to defend and indemnify its insured up to the limits of liability of the insurance policy. Almost every liability insurance policy contains a per-occurrence limit of liability and […]
A truly stupid person fired a weapon from an automobile – claiming no intent to harm anyone but striking plaintiff Heidi Kroeber and injuring her. She claimed she was entitled to underinsured motorist (UIM) coverage because the shooting arose out of the use of the auto the shooter was in when he shot her. GEICO […]
The Reasons For the EUO The insurance Examination Under Oath (“EUO”) is a formal type of interview authorized by an insurance contract. It is taken under the authority provided by a condition of the insurance contract that compels the insured to appear and give sworn testimony on the demand of the insurer or find his, […]
Insured’s Work On Property Was Clearly Excluded No insurance policy provides coverage for every possible risk of loss. When an insured builder built a house that encroached on the property of another, it sought coverage for the damages of the true property owner. The insurer provided a defense under a reservation of rights but refused […]
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