Coverage & Claims

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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

The Tenth Circuit recently held that a law firm was not entitled to coverage from its malpractice insurer because a former partner of the firm had received a demand, unbeknownst to the firm, prior to the policy period. 

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Read More Tenth Circuit Holds Demand Sent to Former Partner of Insured Law Firm Triggered Notice Provision of Claims Made and Reported Policy

The District Court of Appeal of the State of Florida (the “Appeals Court”) recently affirmed the trial court’s determination that a doctor’s business owner insurer was not obligated to indemnify the doctor for a wrongful death suit that resulted, in part, from the mis-filing of laboratory results by the doctor’s assistant, although it did have a duty to defend. 

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Read More Florida Court Affirms That Insurer of Physician Is Not Obligated to Indemnify Based Upon Applicability of Business Liability Policy’s Professional Services Exclusion

The Connecticut Appellate Court recently affirmed a trial court’s summary judgment holding that an insurance company had no duty to defend or indemnify its insured in a negligence action brought by a women who was stabbed twenty-four times by the insured.  The court’s decision was based on the fact that the phrase “physical abuse” contained in a homeowner’s policy exclusion was not ambiguous and did not contain an implicit intentionality requirement, and thus the exclusion applied. …
Read More Connecticut Appellate Court Affirms Summary Judgment Holding that Insurer Had No Duty to Defend or Indemnify its Insured in Negligence Claim Brought by Stabbing Victim

The Connecticut Appellate Court recently held that the “substantial factor test” for causation remains unchanged and that traditional causation rules apply to workers’ compensation cases. 

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Read More Connecticut Appellate Court Holds Substantial Factor Test Remains Unchanged in Workers’ Compensation Cases

In North American Specialty Insurance Co. v. John Paul Pucek, et al., Docket No. 5:09-CV-49 (JMH) (E.D.KY Nov. 4, 2009), the owners of a thoroughbred horse purchased an equine mortality insurance policy.  During the policy period, the horse sustained an injury that ultimately resulted in the horse being euthanized. 

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Read More Kentucky Law is Found Ambiguous by Federal District Court as to Whether Agents Can be Sued for Bad Faith and Thus Joinder of Agent Allowed Even Though Destroys Diversity

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge is holding a 60 minute complimentary webinar entitled “¿Seguro? Opportunities and Risks for (Re)Insurers in Latin America in 2010 and Beyond” on Tuesday, February 23, 2010 at 10:00 am (EST). 

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Read More Free Webinar: ¿Seguro? Opportunities and Risks for (Re)Insurers in Latin America in 2010 and Beyond

In the case of Co-operators Life Insurance v Gibbens, 2009 SCC 59, the insured contracted herpes through unprotected sex and, as a result, developed transverse myelitis, a rare complication of herpes, which left him paralysed from the waist down. The insured was a party to a group insurance policy that provided cover for accidental bodily injuries under which he attempted to make a claim for his injury. 

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Read More Supreme Court of Canada Considers the Meaning of ‘Accident’ Under a Group Policy

Insurers may see increased exposure on employers’ liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry. …
Read More UK: Insurers Face More Noise-Induced Hearing Loss Claims Following Court of Appeal Decision