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Judge Finds Insured's Common-Law Bad Faith Claim Duplicative Of Breach Claim
PHILADELPHIA - A Pennsylvania federal judge on April 30 found an insured's common-law bad faith claim against her insurer could not stand as an independent cause of action and was subsumed by an...
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Magistrate Declines To Phase, Limit Discovery In Underinsured Motorist Case
SACRAMENTO, Calif. - Noting the existence of a standing scheduling discovery deadline order and an insurer's failure to previously file an objection to it, a California federal magistrate judge on...
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Insurer Had No Independent Duty To Investigate Unfair Trade Claims, Judge Finds
BILLINGS, Mont. - A Montana federal judge on April 26 ruled that a professional liability insurer did not neglect to attempt settlement of an underlying debt collection dispute in good faith in...
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Showing Of Insurer's Bad Faith Can Support Equitable Subrogation, Mo. Panel...
KANSAS CITY, Mo. - If an excess insurer can establish that a nurse's primary insurer breached its duties to her in an underlying wrongful death case, it may be able to succeed in its equitable...
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Ohio Appeals Panel Finds Fact Issues In Homeowners Dispute, Reverses Judgment
AKRON, Ohio - A trial court prematurely disposed of a policyholder's breach of contract claim against his homeowners insurance provider, a panel of the Ninth District Ohio Court of Appeals found May 6,...
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Conn. Appeals Court Finds Title Insurer Entitled To Request Information,...
HARTFORD, Conn. - A title insurer acted within the provisions of its policy when it sought documentation and examinations under oath from its insured in its quest to resolve a tax lien issue, the...
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Panel: California Insurance Code Section 533.5 Does Not Preclude Defense Duty
LOS ANGELES - A California appeals panel found May 1 that an insurer cannot avoid its contractual duty to defend a medical director insured against federal criminal charges by relying on California...
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Judge: Benefits Provider's Coverage Claim Wrongly Cast As Wrongful Acts Claims
DALLAS - An insured "is attempting to transform its D&O $(directors and officers$) liability policy into a first-party policy to provide coverage for its own loss," a Texas federal judge ruled...
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Insurer Found Liable For Harm To Contractor's Reputation Due To Its Bad Faith
TACOMA, Wash. - A contractor demonstrated that it suffered harm to its business relationship due to a commercial general liability (CGL) insurer's bad faith failure to defend it in an underlying...
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Magistrate: Fact Issues Preclude Judgment On Breach, Fraud In Home Fire Dispute
PHILADELPHIA - Citing a language barrier, among other things, a Pennsylvania federal magistrate judge on April 24 found that sufficient issues exist as to whether a homeowner made intentional...
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E&O Policy Covers Claims Brought By Competitors, Insured Tells 6th Circuit
Case: Matthew T. Szura & Co. v. General Insurance Company of America, No. 12-2505, 6th Cir....(read more)
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11th Circuit Is Asked To Reverse Ruling Barring Coverage For Cargo Accident
Case: Lancer Insurance Co. v. Newman Specialized Carriers Inc., et al., No. 12-15354, 11th Cir., et al....(read more)
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Lower Court Misapplied Filed Rate Doctrine, Insured Argues To 2nd Circuit
Case: Dominick Servedio v. State Farm Insurance Co., No. 12-3884, 2nd Cir....(read more)
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Illinois Federal Court Will Rule On Scope Of Additional Insured Clause
Case: Commonwealth Edison Co. a/k/a ComEd, et al. v. Arch Insurance Co., No. 12-07698, N.D. Ill....(read more)
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Failure To Disclose Insured Horse's Health Condition Voids Coverage, Insurer...
Case: Richard Hauser v. Great American Assurance Co., No. 11-8838, N.D. Ill....(read more)
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Carrier's Agent Waived Policy Deadline To Repair Property, Insured Maintains
Case: Novogroder Companies Inc. v. Hartford Fire Insurance Co., No. 12-3163, 7th Cir.; See 5/10/12, Page 7....(read more)
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Insurer: Management Firm Has No Insurable Interest In Hurricane-Damaged...
Case: Banta Properties Inc. v. Arch Specialty Insurance Co., No. 12-14186, 11th Cir....(read more)
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Parties Dispute Whether Montana Or Idaho Law Applies To Settlement Suit
Case: Gary Butler v. North American Capacity Insurance Co., et al., No. 12-27, D. Mont., Butte Div....(read more)
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Policy Requires Dispute To Be Arbitrated, Not Litigated, Insurer Says
Case: United Parcel Service Inc. v. Lexington Insurance Co., No. 12-07961, S.D. N.Y....(read more)
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Insurer Argues Reinsurer Is Bound By Agreements To Honor Settlement
Case: Employers Insurance Company of Wausau v. OneBeacon Insurance Company, No. 13-00085, W.D. Wis....(read more)
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