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The Connecticut Appellate Court recently affirmed a trial court decision barring a police officer from recovering underinsured motorist benefits because he was not “occupying” a covered motor vehicle at the time he was injured and, consequently, is limited to his workers’ compensation remedy by the exclusivity provision contained in Conn. Gen. Stat. § 31-284 (a). 

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Read More Connecticut Appellate Court: Traffic Cop Not “Occupying” a Covered Vehicle at Time Struck is Limited to Workers’ Compensation Benefits

In Sadler v. State Farm Mutual Automobile Insurance Company, No. 08-35859 (9th Cir. Nov. 4, 2009), the insureds sued their insurer for bad faith, among other claims, arising from their insurer’s refusal to pre-authorize surgery under the personal injury protection (“PIP”) provision of the automobile insurance policy. 

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Read More Ninth Circuit: Automobile Insurer Did Not Engage in Bad Faith by Refusing to Pre-Authorize Treatment Under PIP Coverage

In Mosser Constr. Inc. v. Travelers Indem. Co., Civil Action No. 3:08CV2363 (N.D. Ohio Oct. 26, 2009) (Zouhary, J.), an Ohio District Court was confronted with the question of whether a company that supplied crushed stone backfill to a general contractor is a “subcontractor” within the meaning of the insurance policy, or merely a “material supplier.” 

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Read More Ohio District Court Holds Supplier of Defective Materials is Not a Subcontractor For Purposes of Exception to “Your Work” Exclusion

Join the U.S. Reinsurance Under 40s Group’s at their next event, “Preserving Liquid Assets” Lecture and Wine Tasting, on February 10 at the offices of Edwards Angell Palmer & Dodge in New York. 

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Read More REMINDER: Re Under 40s Next Event — “Preserving Liquid Assets” Lecture and Wine Tasting

In a significant ruling with potentially wide-reaching implications, Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York dismissed the Securities Act of 1933 causes of action (Sections 11, 12, and 15) against McGraw Hill and Moody’s (the “Rating Agencies”) in In re: Lehman Brother Mortgage Backed Securities Litigation. …
Read More Rating Agencies Dismissed from Section 11 Mortgage-Backed Securities Class Action

January 28, 2010, was International Data Privacy Day – an annual event intended to raise awareness of data privacy and to promote data privacy education.  National and state governments, corporations such as Intel and Google, and institutions including universities observed the occasion.  (In Europe, the event is known as “Data Protection Day”). 

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Read More January 28, 2010: Data Privacy Day

An Indiana District Court recently granted summary judgment in favor of an insurer that was charged with breach of the insurance contract and bad faith for denying underinsured motorist benefits to its insured who was found at fault for causing a collision. 

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Read More Indiana District Court Holds No Underinsured Motorist Coverage for at Fault Driver

Recently, a California Appeals Court denied coverage under a homeowner’s policy for damages caused by a fire intentionally set by the insureds’ son.  In Century Nat’l Ins. Co. v. Garcia, No. B209616, (Cal. App., 2d Dist. Dec. 2, 2009), an appeals court held that the policy’s exclusion for willful acts of “any” insured precluded coverage, even for innocent co-insureds, such as the plaintiffs. 

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Read More California Court Refuses to Extend Coverage for Fire Intentionally Set by Child Under Homeowner’s Policy