Coverage & Claims

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In Patel v Windsor Life Assurance Company Ltd [2008] EWHC 76, the claimant beneficiary sought to enforce his interest in a life insurance policy against the defendant insurer following the alleged death of the insured. 

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Read More The English High Court Recently Considered the Evidence Required From an Insurer in Order to Prove its Allegation of Fraud on the Part of its Insured

In Auto-Owners Ins. Co. v. Pozzi Window Co., No. SC06-779 (Fla. Dec. 20, 2007), the Florida Supreme Court, in response to the U.S. Court of Appeals for the Eleventh Circuit, answered the following certified question in the negative:

DOES A STANDARD FORM [COMMERCIAL] GENERAL LIABILITY POLICY WITH PRODUCT[S] COMPLETED OPERATION HAZARD COVERAGE, SUCH AS THE POLICIES DESCRIBED HERE, ISSUED TO A GENERAL CONTRACTOR, COVER THE GENERAL CONTRACTOR’S LIABILITY TO A THIRD PARTY FOR THE COSTS OF REPAIR OR REPLACEMENT OF DEFECTIVE WORK BY ITS SUBCONTRACTOR?

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Read More Florida Supreme Court Rules that Cost of Repairing or Replacing Subcontractor’s Defective Work Is not “Property Damage” Under CGL Policy

In late 2007, the Washington Supreme Court held that (1) an insurer’s issuance of a subpoena to and ex parte written communications with an arbitrator in an underlying claim constituted bad faith; and (2) the insurer did not rebut the presumption of harm that arose from that bad faith finding. 

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Read More Washington Supreme Court Holds That Insurer’s Subpoena To, and Ex Parte Communications with, Arbitrator Constitute Bad Faith

In the wake of the wildfires that devastated Southern California in October of last year, more than 22,000 insurance claims were filed, according to the Insurance Information Network of California.  While the bulk of those claims may be for additional living expenses due to the mass evacuation of San Diego County, at least 1,500 homes were destroyed by the fires. 

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Read More California Wildfire Decisions May Provide a Guide for Future Disputes – Part II: “Usually Situated” Language May Be Found Ambiguous

A Mississippi federal court judge in a hurricane Katrina-related damages trial recently refused to allow a jury to consider whether to award punitive damages against an insurer. …
Read More Mississippi Federal Judge Takes Punitive Damages Decision Away From Jury in Hurricane Katrina-Related Damage Trial

n the case of Kajima UK Engineering Limited v The Underwriter Insurance Company Limited [2008] EWHC 83 (TCC), the Technology and Construction division of the High Court considered the ambit of a notification provision in a “claims made” policy. 

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Read More The English High Court has Considered the Ambit of a Notification Provision in a “Claims Made” Policy

In the US, defendants and their insurers have paid out significant sums for sexual abuse claims. A landmark decision of the House of Lords in A v Hoare [2008] UKHL 6 may mean that insurers covering UK employers for similar abuse claims will begin to share the US’s experience. 

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Read More Abuse Claims to Increase in Light of “Lotto Rapist” UK House of Lords Decision

In Zeller v British Caymanian Insurance Company [2008] UKPC 4, Mr Zeller sought indemnification under his employer’s health insurance policy in respect of his costs of having major heart surgery. 

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Read More The Privy Council Overrules the Cayman Islands Court of Appeal in Respect of the Repudiation of a Health Insurance Contract

In Mills v. Foremost Insurance Co., No. 06-16458 (Jan. 4, 2008), the 11th Circuit recently overturned the dismissal of Florida hurricane victims’ class-action lawsuit relating to mobile home damages.  The plaintiffs claimed that their insurer underpaid for the damage to their mobile homes. …
Read More 11th Circuit Reinstates Hurricane Class-Action Lawsuit