Coverage & Claims

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On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) ruled that an action alleging damage from North American manufactured drywall should not be transferred to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No. 2047). 

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Read More Chinese Drywall – Judicial Panel on Multi-District Litigation Rules that Matter Involving North American Manufactured Drywall Should Not Be Transferred to Chinese Drywall MDL

On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No. 2047). 

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Read More Chinese Drywall – Judicial Panel on Multi-District Litigation Rules that Insurance Coverage Matter Should Not Be Transferred to Chinese Drywall MDL Proceedings

On December 15, 2009, New York’s Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer’s breach of the policy. …
Read More NY Court: Insured May Recover Consequential Damages Absent Insurer Bad Faith

In AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm), the claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends.  AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the Insurers) pursuant to a binding authority granted to AT Docherty General Underwriting Agency Limited (ADC). 

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Read More UK: High Court Rules on Avoidance and Breach of Warranty Issues

On December 1, 2009, the New York Appellate Division, First Department, unanimously affirmed Justice Marcy S. Friedman’s March 10, 2009 Decision and Order (entered March 13, 2009, Supreme Court, New York County), dismissing Millennium’s complaint as against defendant Select Insurance Company. 

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Read More UPDATED: NY Appellate Court Affirms Motion Court’s Dismissal of Complaint Seeking Defense Costs Under Directors and Officers Errors and Omission Policy for Investigations That Resulted in Disgorgement of Improperly Acquired Funds

A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that the a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an “occurrence” under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties. …
Read More Connecticut Superior Court Held that Home Seller’s Misrepresentation Regarding Lead Paint Constituted “Occurrence” and Insurer Had a Duty to Defend

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