Sit On Your Rights – Lose Arbitration Award Affirmed Plaintiff, Excelsior Insurance Company (“Excelsior”), appealed from a trial court order confirming an arbitration award issued in favor of defendant, One Beacon Insurance Company (“Beacon”). Both Excelsior and Beacon are members of Arbitration Forum, Inc. (“AFI”), and signatories to its arbitration process. Special arbitration under AFI […]
No Opposition Fatal No Insurance Policy Covers Every Possible Risk of Loss Clark and Nancy Sadler appealed a summary judgment granted in favor of Texas Farm Bureau Mutual Insurance Companies (“Farm Bureau”) on the Sadlers’ Deceptive Trade Practices- Consumer Protection Act (DTPA) claim. The Sadlers sued Farm Bureau for breach of contract and violations of […]
When Is A Letter is a Suit? Ninth Circuit: A State Can Insert a Definition Into a Policy After It Expired The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”), establishes a retroactive strict liability regime that imposes joint and several liability upon past and current landowners or operators […]
Interpleader When an Insurer Must Interplead Funds When an insurance company is faced with competing claims for the proceeds of a life insurance policy and cannot determine which claim is proper, it may deposit the benefits of the policy into court and ask that the competing interests litigate the right to the proceeds. Since it […]
The story that follows is based on fact. The names, places and descriptions have been changed to protect the guilty. This story was written for the purpose of providing insurers, those in the insurance business, and the insurance buying public sufficient information to recognize and join in the fight against insurance fraud. The jeweler had […]
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