Coverage & Claims

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On May 21, 2008, the Louisiana Supreme Court issued a pro-insurer decision in Landry v. Louisiana Citizens Property Insurance Company, enforcing a policy’s explicit loss computation method, under the Louisiana Valued Policy Law (“VPL”).  The court held that an insurer is not obligated to pay the total loss of an insured’s property when damages are caused concurrently by covered and non-covered perils if the policy explicitly contains a loss computation method that differs from that set forth in the VPL. 

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Read More Louisiana Supreme Court Tackles Valued Policy Law

In Steamship Mutual Underwriting Association (Bermuda) Limited v Sulpicio Lines Inc [2008] EWHC 914 (Comm), the English Commercial Court considered an application for declaratory and injunctive relief by Steamship Mutual (the Club) against its insured, Sulpicio, a Filipino company and a member of the Club for many years. 

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Read More UK: High Court Considers Grant of Anti-Suit Injunction in Support of Arbitration

The First Circuit Federal Court of Appeals recently affirmed dismissal of a suit against the Puerto Rico Insurance Commissioner on the basis of a Puerto Rico Insurance Code Article that bars suit against the Commissioner once a liquidator has been appointed. 

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Read More First Circuit Federal Court of Appeals: Spanish Language Version of Puerto Rican Insurance Code Mandates Dismissal of Suit Against Puerto Rico Insurance Commissioner

In a crowded court room of the High Court on Friday 2 May, the pre-trial review for six lead test cases in the employers’ liability trigger litigation was heard by Mr Justice Burton. The trial date has been set for 3 June 2008 and the trial is scheduled to end by the beginning of August. …
Read More UK: High Court to Decide Which Policies Should Respond to Asbestos Claims

The Mississippi Supreme Court has been asked, for the first time, to interpret the antic-concurrent causation clause in a homeowners’ insurance policy.  An anti-concurrent causation clause (“ACC clause”) generally provides that if a loss arises from a combination of covered and non-covered perils, the entirety of the loss is excluded from coverage. …
Read More Katrina: Mississippi Supreme Court Is Asked to Interpret a Homeowners’ Policy’s Anti-Concurrent Causation Clause

Janice Kupukaa filed a medical practice lawsuit against Kaiser Permanente (“Kaiser”), a medical facility, and other entities and individuals in Hawaii state court.  Kaiser was insured under primary insurances policies issued by Texas Farmers Insurance Company (“Texas Farmers”), which covered the period of 4/9/99-4/9/00, 4/9/00-4/9/01 and 4/9/01-4/9/02, respectively. 

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Read More Reinsurer Has No Obligation to Contribute to Settlement Where Reinsured Excess Policy Was Not Triggered

The Tennessee Supreme Court is now considering whether to dismiss a case against an employer brought by its employee’s daughter concerning her alleged secondhand exposure to asbestos.  Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25. …
Read More Secondhand Asbestos Exposure Lawsuit Makes Its Way to Tennessee Supreme Court

Scottish Coal Company and ors v. Royal and Sun Alliance Insurance plc and ors [2008] EWHC 880 (Comm) concerned a claim brought by coalmine owners against a consortium of insurance companies in respect of a roof collapse in May 2000. Liability centred on the unsuccessful attempt of the owners to mine through a roadway (or cross cut). …
Read More English High Court Finds that an Extension to a Policy was an Unequivocal Affirmation of the Contract