In Direct Line Insurance (DLI) v. Kenneth Ronald Fox [2009] EWHC 386 (QB), DLI sought to recover sums paid under a buildings insurance policy to an insured, Mr Fox, in respect of fire damage to Mr Fox’s home. Mr Fox had made a claim for recovery under the policy, which DLI accepted, entering into a written agreement providing Mr Fox with a settlement amount and also providing for a VAT payment upon the provision of certain documentation from Mr Fox following the damage being repaired.
Coverage & Claims
New York State Appellate Court: Asbestos Claims Fall Within Products/Operations Hazard Coverage and Are Subject to Aggregate Limits
By Troutman Pepper Locke on
A New York state appellate court recently reversed a landmark 2007 trial court decision and held that asbestos-related bodily injury claims fall within the products/completed operations hazard coverage of the comprehensive general liability policies at issue and are therefore subject to that coverage’s aggregate limits.
Due to Material Misrepresentations, Connecticut Federal Court Permits Rescission of $15 Million Life Insurance Policy Following Insured’s Death
By Troutman Pepper Locke on
Posted in Coverage & Claims
The United States District Court for the District of Connecticut recently rescinded a $15 million life insurance policy following the insured’s death where the insurer discovered material misrepresentations in the insured’s policy application.
Indiana Federal Court Recognizes Cause of Action Against Insurance Agent as Distinct From Claims That Insurer Acted in Bad Faith
By Troutman Pepper Locke on
The United States District Court for the Northern District of Indiana recently held that the insureds’ misrepresentation claim against its insurance agent was a viable claim under Indiana law and was distinct from claims that the insurer adjusted their claim in bad faith.
Sixth Circuit: Under Kentucky Law, Excess Insurers Must Show Reasonable Possibility of Substantial Prejudice to Justify Denial of Coverage Based Upon Late Notice
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On January 7, 2009, the Sixth Circuit Federal Court of Appeals held in that, under Kentucky law, an excess liability insurer must show harm or prejudice as a result of late notice of a claim in order to deny coverage on that ground.
Legislation Proposed in Connecticut and New Jersey Allows for Direct Action by Claimants for Unfair Claims Settlement Practices
Legislation is under consideration in Connecticut and New Jersey that may significantly expand a claimant’s ability to directly sue an insurer over unfair claims settlement practices.
Supreme Judicial Court Refuses to Extend Gamache Fee-Shifting Rule to Insurer Plaintiffs
By Troutman Pepper Locke on
In a recent decision, the Supreme Judicial Court of Massachusetts ruled that an insurer, in contrast to an insured, cannot obtain attorney’s fees incurred in successfully establishing another insurer’s duty to defend. John T. Callahan & Sons, Inc. v. Worcester Ins. Co., SJC-10180 (March 19, 2009).
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Connecticut Supreme Court: Bodily Injuries Caused By Acts of Self-Defense Are “Accidental,” Not “Expected or Intended,” Within the Meaning of an Intentional Injury Exclusion In a Liability Insurance Policy
By Troutman Pepper Locke on
The Connecticut Supreme Court, deciding an issue of first impression in that state, recently held that coverage for bodily injury to others inflicted during an incident of self-defense by an insured constitutes an “occurrence,” and is not excluded by an intentional injury exclusion in a liability policy.
Hedge Fund Not Entitled to Reimbursement of Defense Costs Under Mutual Fund and Directors and Officers Errors and Omissions Liability Insurance Policy
By Troutman Pepper Locke on
Edwards Angell Palmer & Dodge, LLP recently obtained a decision and order from the Supreme Court of the State of New York, New York County, granting its client Select Insurance Company’s motion for summary judgment, dismissing the complaint of the hedge fund insured.
UK: Court of Appeal Clarifies Narrow West Tankers Arbitration Exclusion – Youell v La Reunion
By Troutman Pepper Locke on
The Court of Appeal has in Youell v La Reunion [2009] EWCA Civ 175 confirmed that, in light of the important West Tankers decision of the European Court of Justice, (see here) the arbitration exclusion to the Brussels I Regulation will be narrowly applied by the English courts.