In Transportation Insurance Company v. The Regency Roofing Companies, Inc., C.A. No. 05-80830 (S.D. Fla. Oct. 2, 2007), the United States District Court for the Southern District of Florida recently ruled that the “known loss” exclusion in a commercial general liability (“CGL”) policy did not preclude coverage for mold related injuries that arose from the insured’s faulty roof installation and repair. 

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Read More Federal District Court Holds “Known Loss” Exclusion Does Not Apply to Mold Damage Resulting From Faulty Roof Repair

In Encarnacion v. 20th Century Ins. Co., Nos. B179825 & 182737 (Cal. Ct. App. Sept. 27, 2007), an unreported decision, a California appeals court recently affirmed a multimillion-dollar verdict against an insurer that failed to settle the underlying suit for the $100,000 policy limit. 

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Read More California Court Affirms Multimillion-Dollar Verdict Against Insurer That Failed to Settle Underlying Case for $100,000 Policy Limit

In Garcia v. Federal Ins. Co., No. SC06-2524 (Fla. Oct. 25, 2007), on two questions certified by the Eleventh Circuit, the Florida Supreme Court recently held that an employer’s insurance policy was not ambiguous and that it covered an employee, as an additional insured, only when the employee was vicariously liable for her employer’s conduct. 

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Read More Coverage for Additional Insured Limited to Vicarious Liability

Bermuda Premier Ewart Brown of the Progressive Labour Party (“PLP”) has announced, through a video posted on YouTube, that Bermuda will hold its first general election since 2003. 

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Read More Bermuda Dissolves Parliament, Will Hold General Election In December

Three recent Massachusetts cases touched on issues of significance to insurers doing business in and around the Commonwealth. 

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Read More Massachusetts Courts Weigh In On Conflicts of Law, Bad Faith Damages And Duty To Defend

In a recently filed lawsuit, talk show host Larry King alleges that he was deceived into selling two life insurance policies by The Meltzer Group.  King is suing the firm and its principal, Alan Meltzer, for breach of fiduciary duty. …
Read More Larry King Sues Insurance Company Over Sold Policies

The New York Court of Appeals recently rejected an insured’s argument that the placement of a “Relation of Earnings to Insurance” (REI) Clause within the “General Provisions” of a disability insurance policy rendered the clause deceptive and unenforceable. 

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Read More New York’s Highest Court: “Relations of Earnings to Insurance” Clause Located In “General Provisions” Section of Disability Insurance Policy Is Enforceable

A team of  Edwards Angell Palmer & Dodge LLP lawyers representing Bank of America Corporation recently completed the sale of its commercial insurance brokerage, Banc of America Corporate Insurance Agency, LLC (“BACIA”), to Hilb Rogal & Hobbs Company (“HRH”). 

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Read More Bank of America Corp. Completes Sale of Its Commercial Insurance Brokerage

Edwards Angell Palmer & Dodge attorneys recently obtained dismissal of a $20,000,000 New York state court declaratory judgment action against American International Specialty Lines Insurance Company (AISLIC), an AIG-affiliated entity. 

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Read More New York State Court Dismisses Coverage Claim On Basis Of “Owned Property” Exclusion

In a recent decision from a federal court in Georgia, Executive Risk Indem., Inc. v. AFC Enterprises, Inc., an insurer sought a declaratory judgment that it properly rescinded a D & O policy based on the insured’s material misrepresentations in the application of insurance. 

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Read More D&O Insurer not Liable for Bad Faith Damages