Read More West Virginia Rejects The Learned Intermediary Doctrine
Coverage & Claims
In a case of first impression in West Virginia, the state Supreme Court of Appeals recently specifically declined to adopt the learned intermediary doctrine.
Writ of Mandamus Requested Against New Orleans City Agencies, City Officials, and Related Insurance Companies
By Troutman Pepper Locke on
Katrina Justice, Inc., a New Orleans not for profit corporation, recently petitioned for a writ of mandamus in the Civil District Court, Parish of New Orleans, State of Louisiana. The defendants in the civil action include the City of New Orleans, Mayor C. Ray Nagin, the Orleans Parish School Board and Superintendent Darryl Kilbert, as well as unidentified insurance companies.
Fifth Circuit Analyzes Louisiana’s Valued Policy Law
By Troutman Pepper Locke on
On August 6, the Fifth Circuit Court of Appeals in New Orleans issued an important decision on the application of Louisiana’s Valued Policy Law (“VPL”) to Katrina losses by unanimously affirming a ruling in favor of insurers.
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Read More Fifth Circuit Analyzes Louisiana’s Valued Policy Law
Oral Argument Heard on One of the First Katrina-Related Insurance Trial Verdicts
By Troutman Pepper Locke on
Oral arguments on appeal were recently heard on one of the first verdicts handed down in a Katrina-related insurance trial. Arguments on the appeal of Leonard v. Nationwide Mutual Insurance Company were heard on August 6 before the Fifth Circuit Court of Appeals.
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Read More Oral Argument Heard on One of the First Katrina-Related Insurance Trial Verdicts
Scruggs In The News – Special Prosecutors Appointed to Prosecute Scruggs on Criminal Contempt Charges
By Troutman Pepper Locke on
As previously reported here, a Northern District of Alabama judge recently asked federal prosecutors to charge Mississippi plaintiff’s attorney Richard “Dickie” Scruggs with criminal contempt. It is alleged that Scruggs violated a preliminary injunction issued in December 2006, which ordered him to turn over all documents secretly copied by two whistleblowers, Corgi Rigsby Moran and Kerri Rigsby.
Court Awards $8,490,666 In Damages, Including $6,000,000 In Punitive Damages, In Bad Faith Action Involving Policy With A $100,000 Limit
By Troutman Pepper Locke on
In a bad faith case involving wrongful denial of coverage of a wrongful death suit, a Pennsylvania Court awarded the policyholder’s assignee $8,490,666 in damages, despite the fact that the policyholder had pled guilty to voluntary manslaughter.
Massachusetts: Excess Insurers Not Bound To Follow The Settlement Decisions Made By A Primary Carrier
By Troutman Pepper Locke on
In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) ruled on August 6, 2007 that a “follow-form” excess liability insurer is not bound by the decision of a primary insurer to settle a claim.
The Brocade Options Backdating Trial: Reyes Found Guilty on All Counts
By Troutman Pepper Locke on
On Tuesday, August 7, 2007, after more than a week of deliberations, the jury in the criminal trial of ex-Brocade CEO Greg Reyes returned a guilty verdict.
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Read More The Brocade Options Backdating Trial: Reyes Found Guilty on All Counts
Alabama Appeals Court Finds Ten Days Not Reasonable Notice of Settlement Under Auto Insurance Policy
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
An intermediate Alabama court of appeals recently held that an automobile insurer properly denied underinsured motorist benefits where it had received only ten days notice of potential settlement of the underlying litigation. Morgan v. Safeway Ins. Co. of Alabama, Inc., 2007 WL 1866768 (June 29, 2007).
Massachusetts Court Applies Subjective Test Concerning Good Health Requirement In Life Insurance Policy
A Massachusetts court recently ruled that a “good health” requirement in a life insurance policy must be interpreted based upon what the contracting parties knew at the time the policy was issued (a subjective test), not based upon what in fact turned out to be true based on discoveries made at a later date (an objective test).