Coverage & Claims

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In Clinton David Jacobs v Motor Insurance Bureau [2010] EWCA Civ 1208, the Court of Appeal held that where a person is injured by an uninsured driver and is entitled to recover from the Motor Insurers Bureau (MIB), that person is entitled to recover damages assessed according to English law, rather than the law where the accident occurred. …
Read More UK: Court of Appeal Rules on Assessment of Damages for Personal Injury in Motor Accidents

In a February 8, 2010 blog post, which can be found here, we reported on a then-recent jury verdict in which a Connecticut jury awarded nearly $15 million to a class of automotive body shop plaintiffs based on the jury’s finding that the insurance company defendant violated the Connecticut Unfair Trade Practices Act. …
Read More Cigarette Rule Update – Still Smokin’ in Connecticut

A divided Court of Appeals of Kentucky recently held that an insured was continually covered under two back-to-back “claims-made” insurance policies issued by the same insurer even though a claim was made against the insured during one policy period, and not reported to the insurer until fourteen months later, during the second policy period. …
Read More Divided Kentucky Court of Appeals Relaxes Claims Made and Reported Requirements When Consecutive Policies Are Issued by the Same Insurer

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd [2010] EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer’s liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned. …
Read More UK: High Court Provides Clarity on Time Limits in Arbitration Clauses

Chinese drywall manufacturer Knauf Plasterboard Tianjin Company (“Knauf”), has agreed to pay to repair 300 homes in four states in a remediation pilot program.  Owners of homes in Florida, Louisiana, Alabama and Mississippi with drywall manufactured by Knauf will be eligible to participate in the program. …
Read More Chinese Drywall – Manufacturer Agrees to Fund Remediation Pilot Program

In Jackson v. Farmers New World Life Ins. Co., the United States District Court for the Eastern District of Oklahoma ruled that the insurer did not act in bad faith or breach its contractual duty when it rescinded a $150,000 non-smokers life insurance policy after discovering that the insured was, in fact, a smoker. …
Read More Court Upholds Insurer’s Decision to Deny Benefits to Smoker’s Widow

The Internal Revenue Service recently approved a rule that would permit taxpayers with defective drywall in their houses to deduct the cost of repairs and replacement of damaged appliances.  Under the new rule, taxpayers can deduct drywall related “casualty losses” in the year in which the loss occurs, as long as those losses are not compensated by insurance or other sources. …
Read More Chinese Drywall – IRS Approves Tax Break for Chinese Drywall Remediation

Kenneth Feinberg, Administrator of the Gulf Coast Claims Facility (“GCCF”), announced that geographic proximity to the BP Deepwater Horizon incident would not preclude a legitimate individual or business claim.  Mr. Feinberg stated, “I have heard from elected officials in Florida, including Governor Crist, Attorney General McCollum, CFO Sink and others, about their concerns regarding Floridians’ proximity to the spill and how, regardless of distance, there has been economic impact beyond the areas closest to the spill. …
Read More BP Deepwater Horizon: Geographic Test to Determine Claim Eligibility Deemed Unwarranted

EAPD is hosting a complimentary webinar on Thursday, October 28, 2010 on the government investigations of lenders’ foreclosure practices.  Please click here to register for this one hour program to learn more about what the exposure implications are for financial institutions. …
Read More The Brewing Foreclosure Crisis – An EAPD Complimentary Webinar