“Although Ohio courts have generally found independent tort liability only in cases of improper processing and handling of claims,” the U.S. District Court for the Northern District of Ohio held that a claim predicated on an insurer’s failure to refund unearmed premiums can support an independent claim for bad faith.
Read More Federal Court in Ohio Recognizes Cause of Action for Insurer Bad Faith Outside Claim Handling Context
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Federal funding for Temporary High-Risk Insurance Pool Program to Begin Summer 2010
In July 2010, some of the first money allocated by the new health care reform law will start flowing to states that have elected to participate in the federal temporary high-risk insurance pool program. …
Read More Federal funding for Temporary High-Risk Insurance Pool Program to Begin Summer 2010
Iowa Supreme Court Upholds Denial of Coverage to Life Insurer For Failure to Disclose Applicants’ HIV Positive Status
By Troutman Pepper Locke on
In Farm Bureau Life Insurance Co. v. Chubb Custom Insurance Co. et al., the Iowa Supreme Court affirmed the district court’s ruling that Farm Bureau was not entitled to liability coverage in its disputes with two applicants that were HIV positive.
Read More Iowa Supreme Court Upholds Denial of Coverage to Life Insurer For Failure to Disclose Applicants’ HIV Positive Status
Federal Court Rules No Coverage for Chinese Drywall Damages Under Homeowner’s Policy
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On June 3, 2010 Judge Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia found that a homeowner’s policy did not cover damages associated with Chinese manufactured drywall.
Read More Federal Court Rules No Coverage for Chinese Drywall Damages Under Homeowner’s Policy
Insurers Encourage Green Building
By Troutman Pepper Locke on
Insurers and regulators are addressing Green Building issues at breakneck speed. With state regulators approving new policy endorsements and insurers offering Green Building discounts, insuring properties that are “green” is here to stay.
Read More Insurers Encourage Green Building
New Hampshire Court Dismisses Suit Seeking Coverage Under CGL Policy For Subcontractor’s Faulty Work
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
EAPD attorneys recently obtained dismissal of a declaratory judgment action seeking coverage under a commercial general liability (“CGL”) policy for the cost of repairing poorly finished concrete. …
Read More New Hampshire Court Dismisses Suit Seeking Coverage Under CGL Policy For Subcontractor’s Faulty Work
UK: Northern Ireland to Bring Back Compensation for Pleural Plaques
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
The Northern Ireland Executive has published its analysis of the responses to its consultation paper on pleural plaques. The paper is the latest from Northern Ireland in the wake of the House of Lords’ decision in Johnson v NEI International Combustion [2007] UKHL 39 which found that asymptomatic pleural plaques were not compensatable. …
Read More UK: Northern Ireland to Bring Back Compensation for Pleural Plaques
Lloyd’s Syndicates File Declaratory Judgment Action Against BP
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On April 20, 2010, an explosion on the Deepwater Horizon rig in the Gulf of Mexico touched off a subsurface leak in a BP oil well at the ocean’s floor. At the time, the Deepwater Horizon was reportedly conducting drilling activities pursuant to a contract between Transocean Ltd. and Transocean subsidiaries, and BP America Production Company. …
Read More Lloyd’s Syndicates File Declaratory Judgment Action Against BP
UPDATE: Texas Moves Closer to Banning Use of Discretionary Clauses In Insurance Contracts
By Troutman Pepper Locke on
This updates our December 3, 2009 posting. The Texas Department of Insurance (“TDI”) has officially proposed regulations banning the use of discretionary clauses in insurance contracts. The regulations are the result of a petition filed by the Texas Office of Public Insurance Counsel (OPIC) on October 28, 2009 requesting the ban. …
Read More UPDATE: Texas Moves Closer to Banning Use of Discretionary Clauses In Insurance Contracts
Federal Court Finds that Limit of Liability Cap in Facultative Certificate Includes a Cedent’s Defense Expenses
By Troutman Pepper Locke on
Pacific Employers Insurance Company (“PEIC”) entered into a facultative reinsurance certificate with Global Reinsurance Corporation of America, f/k/a Constitution Reinsurance Corporation (“Global”), which reinsured an umbrella commercial liability insurance policy issued by PEIC to Buffalo Forge Company. …
Read More Federal Court Finds that Limit of Liability Cap in Facultative Certificate Includes a Cedent’s Defense Expenses