Coverage & Claims

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Where a policyholder has deliberately damaged his own property, any insurance he has taken out over that property will not cover such damage, unless the policyholder can prove that he was legally insane at the time. The test of insanity is the same as is used in the criminal law.

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Read More UK: Court Rules on Deliberate Damage by Policyholder – Porter v Zurich

The First Circuit recently affirmed summary judgment granted to an insurer who had denied coverage to its insured, despite the insured’s allegation that there was a “possibility of coverage” under the complaint. 

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Read More Post-Hoc Speculation Not Enough to Create “Possibility” of Coverage in Underlying Suit

Huntington Hospital (“Huntington”) sued defendant New England Insurance Company (“New England”) for breach of contract after New England denied Huntington’s claim for coverage under an excess insurance policy issued by New England. 

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Read More Second Circuit Affirms Decision Granting Excess Insurer Summary Judgment Due to Insured’s Late Notice

On 12 February 2009 the Court of Appeal handed down its judgment in Greene Wood & Mclean LLP v Templeton Insurance Ltd. Templeton, incorporated in the Isle of Man, brought an appeal against the first instance decision ((2008) EQHC 1593 (Comm)) which permitted Greene Wood & Mclean LLP (GWM) to serve proceedings on it out of the jurisdiction on the basis that the claim was within CPR 6.20(5)(c). 

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Read More UK: Service of Proceedings Out of the Jurisdiction

In Qayyum Ansari v New India Assurance Ltd [2009] EWCA Civ 93 the Court of Appeal considered Qayyum Ansari’s (Ansari) appeal against the decision at first instance that Ansari’s claim under his insurance policy with New India Assurance (NIA) should be dismissed. …
Read More UK: Court of Appeal Rules that Cover Terminates on a Material Change of Facts Stated in Proposal Form

Dornoch v Westminster International [2009] EWHC 201 (Admlty) relates the right of marine insurers under the Marine Insurance Act 1906 to take over a vessel after it has become a constructive total loss as the result of a collision. …
Read More UK: Dornoch v Westminster International – Court Declines to Join Primary Layer Insurers to Action by Excess Insurers

Bedfordshire Police Authority (BPA) v Constable (sued on his own behalf and on behalf of all other members of Syndicate 386 at Lloyd’s) (the Syndicate) [2009] EWCA Civ 64 concerned an appeal by the Syndicate against a declaration that the Syndicate was liable to indemnify the BPA. 

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Read More UK: Court of Appeal Considers Meaning of “Liable as Damages”

On November 24, 2008, Duke University and its affiliate, Duke University Health Systems, Inc. (“DUHS”; collectively with Duke University, “Duke”) filed a federal action alleging that Duke’s insurer had acted in bad faith and breached its contractual duty to advance and pay Duke’s defense costs, to indemnify Duke, and to pay settlements agreed to by Duke in connection with various claims and lawsuits arising from the indictment of three members of the Duke University 2005-2006 men’s lacrosse team (the “Duke Three”) on charges of sexual assault. …
Read More Duke University and Its Insurer Dispute Whether Insurer is Liable for Defense Costs and Indemnification Relating to Duke Lacrosse Rape Case and Settlements

The New York Insurance Department issued OGC Opinion No. 09-01-05 addressing several questions posed with respect to Chapter 388 of the Laws of 2008 (generally referred in this blog as the late notice Legislation), and the discussion of the Legislation in the Insurance Department’s Circular Letter 26 (Nov. 18 2008),

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Read More NY Insurance Department Issues OGC Opinion Answering Questions Regarding NY’s Late Notice Statute