North Carolina Court of Appeals Holds Whether Insurer Has Duty to Defend in...
The North Carolina Court of Appeals recently refused to consider an interlocutory appeal from an insurer with respect to its duty to defend, finding the issue of whether an insurer has a duty to defend...
View ArticleTexas Supreme Court Reinstates Verdict in Builder’s Favor for Coverage...
The Texas Supreme court held that money spent in voluntary payments to remediate defective building siding is covered under an umbrella policy because the insurer did not show that it was prejudiced by...
View ArticleFederal Court in Virginia Holds Insurer Has Duty to Defend Insured against...
A federal court in Virginia recently held that an insurer has a duty to defend its insured against underlying claims arising from the importation of allegedly counterfeit blood glucose tests. Travelers...
View ArticleFederal Court in South Carolina Holds Roofer Not Entitled to Coverage for...
A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...
View ArticleTennessee Appeals Court Holds “Temporary Worker” Requires that...
The Tennessee Court of Appeals has held that in order to qualify as a “temporary worker” one must have been furnished to an insured by a third party. Lafayette Insurance Co. v....
View ArticleLouisiana Supreme Court Holds Direct Action Trial against Insurer May Proceed...
The Louisiana Supreme Court has held that because a plaintiff did not expressly renounce her right to proceed against a direct action insurer, her dismissal of the insured during trial had no effect on...
View ArticleGeorgia Supreme Court Holds “Occurrence” Does Not Require Damage...
The Georgia Supreme Court recently held that an insured’s faulty workmanship can result in an “occurrence” under a standard CGL policy even when the only property damage...
View ArticleCourt of Appeals of Kentucky Upholds Statute Prohibiting Arbitration...
The Court of Appeals of Kentucky has held that a risk pool agreement among self-insured entities constitutes a contract of insurance subject to Kentucky’s statutory prohibition against...
View ArticleFederal Court in Alabama Applies Injury in Fact Trigger and Holds Claims for...
A federal court in Alabama held that a CGL insurer has no duty to indemnify its insured against enforcement actions under the Comprehensive Environmental Response, Compensation and Liability Act...
View ArticleFederal Court in Virginia Holds Insurer Has Duty to Defend Insured against...
A federal court in Virginia recently held that an insurer has a duty to defend its insured against underlying claims arising from the importation of allegedly counterfeit blood glucose tests. Travelers...
View ArticleFlorida Supreme Court Holds Actual Repair Not A Condition Precedent to...
The Florida Supreme Court recently held that under Florida law, insurers must include overhead and profit in the replacement cost of a loss if the insured is reasonably likely to need a general...
View ArticleFifth Circuit Affirms Ruling that Subcontractor Does Not Have the Duty to...
The Fifth Circuit applied Texas' "eight-corner" doctrine and affirmed a district court's ruling that a subcontractor did not owe the general contractor a duty to defend or indemnify...
View ArticleFlorida Court Finds Consent Order Issued to Insurer is Permissable Evidence...
A Florida appellate court recently held that a consent order from the Florida Department of Financial Services regarding an insurer's actions was permissible evidence by an insured to prove that the...
View ArticleOklahoma Supreme Court Applies Oklahoma Statute Limiting Subrogation to Texas...
The Supreme Court of Oklahoma granted certiorari to hold that an employer's insurer could not under Oklahoma law seek subrogation from an employee's widow who sought benefits for her husband's death in...
View ArticleArkansas Appellate Court Finds Judgment Creditor of Insured Has No Direct...
The Court of Appeals of Arkansas affirmed the dismissal of a suit by a judgment creditor of a bankrupt insured against the insured's liability insurer, ruling that the creditor had no standing as an...
View ArticleFlorida Court Enforces Policy's Mandatory Foreign Forum Selection Clause
A Florida appellate court recently held that a mandatory foreign forum selection clause in an environmental policy was enforceable despite the insured's contention that enforcement of the clause would...
View ArticleSixth Circuit Finds Faulty Construction is Not an Occurrence under Kentucky Law
Reversing the decision of a federal district court in Kentucky, the U.S. Sixth Circuit Court of Appeals has held that claims against a subcontractor for faulty work in preparing a building pad did not...
View ArticleFederal Court in Oklahoma Holds No "Drop-Down" Coverage under Excess and...
A federal court in Oklahoma held that neither excess nor umbrella insurers had a duty to "drop down" in coverage where a primary insurer proved insolvent. Each insurer's policy...
View ArticleKentucky Appellate Court Finds Employer Liability Exclusion Inapplicable to...
The Court of Appeals of Kentucky has held that a severability of interests clause precluded application of an employer liability exclusion to claims asserted against an additional insured who did not...
View ArticleFederal Court in North Carolina Holds Mortgagor is Intended Third-Party...
A federal court in North Carolina recently held that mortgagors are intended third-party beneficiaries to lender force-placed policies such that they could bring claims for unfair and deceptive trade...
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