The Superior Court of Pennsylvania recently found a concurrent-cause exclusion in an all-risks insurance policy to be unenforceable in a case involving hurricane damage to an insured’s business premises and inventory caused by sewer and drain backup followed by flooding.
Coverage & Claims
Second Circuit Court of Appeals Affirmed Summary Judgment For Insurer Ordering Rescission of a Life Insurance Policy Due to Material Misrepresentations in the Application
By Troutman Pepper Locke on
The Second Circuit Court of Appeals recently affirmed a United States District Court for the District of Connecticut’s judgment awarding summary judgment for an insurer seeking to rescind a life insurance policy on the basis that the policy application contained material misrepresentations of fact. …
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Connecticut Federal Court Awarded Summary Judgment for Insurer Due to “Use” Exclusion of Rental Car Supplemental Liability Insurance Policy
By Troutman Pepper Locke on
The United States District Court for the District of Connecticut recently awarded summary judgment in favor of an insurer holding that the insurer had no duty to defend or indemnify the insureds under a rental car’s supplemental liability insurance policy due to the “use” exclusion.
Minnesota District Court Grants Summary Judgment to Insurer Based Upon Broadly Worded Product Exclusion
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The United States District Court for the District of Minnesota recently granted an insurer’s motion for summary judgment based upon its finding that the underlying claims were excluded by the policy’s broadly worded Product Exclusion.
Army Corps of Engineers Held Liable in the “MRGO” Katrina-Related Litigation
By Troutman Pepper Locke on
Recently, Judge Stanwood Duval, Jr. of the U.S. District Court of the Eastern District of Louisiana, found the U.S. Army Corps of Engineers liable for damages resulting from Hurricane Katrina-related flooding that occurred in certain areas outside of New Orleans.
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Connecticut Superior Court Holds Business Risk Exclusion Bars Coverage for Damage to Entire Home When it Toppled After Being Raised by Contractor
By Troutman Pepper Locke on
In Barber v. Berthiaume, No. NNH-CV-05-4009532-S (Oct. 19, 2009), a contractor was hired to expand and repair plaintiff’s home. As part of that work, the contractor was required to raise the home in order to construct new piers. During that process, the house toppled, causing damage in the amount of $26,000.
A Connecticut Superior Court Denies Insurer’s Motion to Strike Counts Alleging Bad Faith and Violations of CUTPA
In Vincoli v. Hartford Underwriters Ins. Co., FST-CV-09-5009591-S (Conn.Super. Sept. 24, 2009), a Connecticut Superior Court recently denied an Insurer’s motion to strike counts alleging bad faith and violations of CUTPA from a complaint. The Insured was seriously injured when his car struck a tree after he was forced to take evasive action to avoid colliding with a phantom motorist. …
Read More A Connecticut Superior Court Denies Insurer’s Motion to Strike Counts Alleging Bad Faith and Violations of CUTPA
Third Circuit Holds That Professional Services Exclusion in General Liability Policy Applies To All Allegations Arising Out of Architect’s Work and Insurers Had No Duty To Defend
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions. …
Read More Third Circuit Holds That Professional Services Exclusion in General Liability Policy Applies To All Allegations Arising Out of Architect’s Work and Insurers Had No Duty To Defend
Georgia Supreme Court Holds Insurer Not Entitled to Safe Harbor Jury Instruction Where it Conditioned Tender of Policy Limits
By Troutman Pepper Locke on
The Georgia Supreme Court recently remanded a case alleging an insurer’s bad-faith failure to settle based upon the fact that the trial court improperly instructed the jury that where a claimant’s demand is conditioned upon the response of another insurance company, the insurer’s offer of its policy limits fulfills its duty to its insured. …
Read More Georgia Supreme Court Holds Insurer Not Entitled to Safe Harbor Jury Instruction Where it Conditioned Tender of Policy Limits
Oklahoma Federal Court Holds Claim For Misrepresentations in Home Sale Not Covered By Homeowners’ Liability Policy
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces. …
Read More Oklahoma Federal Court Holds Claim For Misrepresentations in Home Sale Not Covered By Homeowners’ Liability Policy