Coverage & Claims
New York Insurance Department Issues Circular Letter Summarizing Late Notice Legislation and Advising Insurers to Promptly Revise and File Policy Forms Conforming With New Requirements
UK: Pratt v Aigaion Insurance – When Does a Warranty Mean What it Says?
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Federal Court Reaffirms Holding Regarding “Mutual Intent” in Insurable Interest Case
On December 3, 2008, the U.S. federal district court for Minnesota affirmed a magistrate’s denial of a motion by Sun Life Assurance Company of Canada (“Sun Life”) to amend its complaint seeking to void life insurance policies issued to John R. Paulson that were later acquired by Coventry First, LLC (“Coventry First”), The Atticus Fund, LP (“Atticus”) and Orca Finance Trust (“Orca”). …
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Illinois Federal Court Finds That Arbitrator Cannot Compel Prehearing Depositions of Non-Parties Under the Federal Arbitration Act
Federal Court Finds No Duty to Defend Against Claims of Fraudulent Reselling of Contaminated Milk
A federal district court in Pennsylvania recently held that two insurers are not obligated to contribute to the defense and indemnification of an insured sued for selling contaminated milk. …
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Ohio Court Holds that Injuries Related to Potato Gun Not Covered by Homeowners Policy
Last month, the Ohio Court of Appeals ruled that injury caused by an insured’s mishandling of a homemade explosive device is not covered under a homeowners policy because the injury was “reasonably to be expected.” …
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Court Rules that Policy Does Not Cover Advertising or Personal Injury Arising from Restaurant’s Failure to Comply with Credit Card Privacy Laws
In Whole Enchilada Inc. v. Travelers Property Casualty Co., No. 07-1533, 2008 WL 4442061 (W.D. Pa. Sept. 29, 2008), Pennsylvania U.S. District Judge Nora Barry Fischer ruled that Whole Enchilada’s two commercial general liability policies issued by Travelers Property Casualty Co. does not cover a class action lawsuit brought against it for printing too much credit card information on customers’ receipts in violation of federal law. …
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