In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not “street legal” at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for “land motor vehicle[s] . . . designed for use mainly off public roads.” …
Read More Colorado District Court Denies Insurer’s Motion for Summary Judgment and Finds Issues of Fact as to Reasonableness of Insurer’s Denied Claim for Uninsured Motor Vehicle Coverage

The United States District Court for the Northern District of California, applying California law,  has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants. …
Read More California Federal Court Rules that “Insured v. Insured” Exclusion Does Not Preclude Insurer’s Payments of Defense Costs in Claim Brought Jointly by Insureds and Non-insureds