Federal Court in Virginia Holds Insurer Has No Duty to Defend or Indemnify...
A federal court in Virginia recently held that an insurer has no duty to defend or indemnify its insured after the insured failed to give the insurer notice of an accident for almost three years on the...
View ArticleFederal Court In Tennessee Upholds Prior Ruling That Pollution Exclusion Applies
A federal district court in Tennessee has upheld its prior ruling that coverage for a contamination claim is excluded by a pollution exclusion. Interstate Packaging Company v. Century Indemnity...
View ArticleFederal Court In Arkansas Finds Insurer Has No Duty To Defend Insured Based...
A federal court in Arkansas has ruled that a law enforcement exclusion bars coverage of all claims against the insured arising out of alleged police misconduct. Harleysville Worchester Ins. Co. v....
View ArticleFederal Court In Texas Holds Administrative Action Initiated By A Federal...
A federal court in Texas recently held that a federal agency’s order to pay for an environmental study does not constitute a “suit” triggering the insurer’s duty...
View ArticleFifth Circuit Holds Insured Had Sufficient Notice Of Endorsement In Renewal...
The Fifth Circuit recently held that an insurer did not breach its duty to defend because the triggered policy included an endorsement excluding coverage that the prior policy did not have and that the...
View ArticleGeorgia Appellate Court Holds Auto Policy’s Delivery Exclusion Applies
A Georgia appellate court has held that a driver’s personal automobile insurer is not required to provide coverage or a defense in a personal injury action against the driver while engaged in...
View ArticleLouisiana Appeals Court Reverses Summary Judgment In Favor Of Pollution...
A Louisiana appellate court has reversed a trial court’s grant of summary judgment in favor of a pollution liability insurer, finding that the insured’s settlement of environmental...
View ArticleFederal Court In Virginia Holds Failure To Procure Claim May Be Assigned To...
A federal court in Virginia recently held that an insured may assign its claim for failure to procure to an insurer because such a claim is not so “personal” so as to be...
View ArticleFederal Court In Alabama Rules Reformation Not Appropriate To Correct Lack Of...
A federal court in Alabama has found that reformation is not appropriate to correct a unilateral mistake in identifying the property owners and that an insured's lack of ownership of property precluded...
View ArticleEleventh Circuit Finds Coverage For Legionnaires’ Disease
The U.S. Eleventh Circuit Court of Appeals has found that an insurer has a duty to defend and indemnify in an wrongful death action on behalf of an individual who contracted Legionnaires’...
View ArticleEleventh Circuit Considers Allegations In Prior Lawsuit To Determine Duty To...
A federal appeals court has held that a CGL insurer has no duty to defend an insured in an arbitration based on allegations in a prior lawsuit, even though it acknowledged the possibility of coverage....
View ArticleGeorgia Appellate Court Holds Apportionment Statute Does Not Abolish Right Of...
A Georgia appellate court has held that an apportionment statute does not abolish the right of contribution between settling joint tortfeasors because there had been no apportionment of damages by a...
View ArticleVirginia Supreme Court Holds Breach Of Contract Unrelated To Performance Of...
The Virginia Supreme Court recently held that a claim against a health care provider for breach of contract requiring it to pay into a state-run fund for birth injuries broadly “arose...
View ArticleGeorgia Appellate Court Holds Broker Owes No Duty To Additional Insured To...
A Georgia appellate court has held an insurance broker had no duty to notify an excess carrier of a lawsuit against an additional insured designated in the policy. Garner and Glover Co. v. Barrett, 738...
View ArticleTexas Supreme Court Will Consider Whether An Insurer Has A Right To Recover...
An appellate court in Texas recently held that an insurer can seek reimbursement of payments made only when that right is included in the policy or there is a clear and unequivocal contractual...
View ArticleArkansas Appeals Court Finds Insurer Breached Settlement And Violated...
An Arkansas appeals court had held that a liability insurer breached a settlement agreement and violated state law by including a potential lien holder as a payee on a settlement check issued to an...
View ArticleTexas Appellate Court Threatens Mandamus If Trial Court Does Not Vacate...
An appellate court in Texas recently granted a conditional writ of mandamus ordering the trial court to vacate an order denying an insurer’s motion to compel appraisal prior to the scheduled...
View ArticleFlorida Supreme Court Holds "Economic Loss" Rule Applies Only To Product...
The Florida Supreme Court has held that the application of the “economic loss” rule is limited to products liability cases. Tiara Condo. Assoc., Inc. v. Marsh & McLennan...
View ArticleFederal Court in Virginia Holds Insurer Has No Duty to Defend or Indemnify...
A federal court in Virginia recently held that an insurer has no duty to defend or indemnify its insured after the insured failed to give the insurer notice of an accident for almost three years on the...
View ArticleFifth Circuit Holds under Texas Law That Scope of Coverage for Additional...
The U.S. Fifth Circuit Court of Appeals, applying Texas law, held that when a named insured agrees to indemnify and secure insurance for an additional insured, the terms of the policy—not the...
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