Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: choice of law

UM and Choice of law; law where the policy was issued applies — 8th Circuit North Dakota

Posted in Contractual Liability
In American Fire and Casualty Co. v. Hegel, Hegel’s decedent, Fetzer, was killed while delivering pizzas in an accident where Fetzer was not at fault.  The trial court found that North Dakota law applied (place of the accident) and that American Fire (Pizza company’s insurance company) owed UM.  The Eighth Circuit reversed.  North Dakota choice… Continue Reading

Choice of law for bad faith claim follows tort law, most significant relationship — Oklahoma

Posted in Insurance Bad Faith
In Martin v. Gray, 2016 OK 114, Martin was injured in an Oklahoma accident by Gray.  Martin’s insurance  was purchased by her parents while they lived in Kansas. She was, however, a listed/rated driver in the policy. Before the collision, Insured’s parents notified the Kansas agent that she was moving to Oklahoma to live with… Continue Reading

Claim file discoverable on issue of duty to defend — WD Okla applying Illinois law

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith
In Federal Insurance Company v. Indeck Power Equipment Company, CIV-15-491-D, 2016 WL 5173402 (W.D. Okla. Sept. 21, 2016) the trial court granted a motion to compel discovery of a claim file.  The case had been bifurcated for discovery between duty to defend and bad faith. According to Federal, information regarding the claim file relates to… Continue Reading

Policyholder knew defense was undertaken under reservation of rights, 8th Cir

Posted in New Case
In National Surety Corporation v. Dustex Corporation, the issue was whether the insurance company properly reserved its rights to deny coverage to its policyholder /  insured, Dustex. The insurance company had reserved its rights as to the declaratory judgment action, but had not specifically reserved its rights as to the arbitration proceeding. The trial court… Continue Reading

Occurrence, Faulty Workmanship, Choice of law, Contractual liability exclusion, CGL policy; Oklahoma and Kentucky law

Posted in Duty to Defend, Insurance Bad Faith, New Case
In Kentucky Bluegrass Contracting, LLC v. Cincinnati Insurance Co., 2015 OK CIV APP 100, the trial court erred in finding that Kentucky law applied to the claim — but the error was harmless since the result was the same under either Oklahoma or Kentucky law.  Kentucky Bluegrass Contracting (KBC) did some electrical work at a… Continue Reading

No med pay or liability payments to named insureds; Missouri law

Posted in Insurance Bad Faith, New Case
In Shelter Ins. Co. v. Vasseur, the issue was whether Shelter’s policy provided coverage under its farm owner’s policy for injuries to its insureds. But the policy excluded coverage for medical payments and for liability coverage to insureds and resident relatives. The policy was not ambiguous. There was no bodily injury coverage or medical payment… Continue Reading

Choice of Law in Auto Policy, 10th Circuit — Minnesota, Colorado law

Posted in Contractual Liability, Insurance Bad Faith, New Case, Vehicle
In Kipling v. State Farm Mutual Automobile, the plaintiff and her husband were injured in a car accident in Colorado. Plaintiff’s husband was killed.  Plaintiff was in a car provided by her husband’s employer (Quicksilver) when the accident occurred.  The sole cause of the accident was the negligence of the driver of the vehicle that… Continue Reading

Arkansas uses significant contacts to determine UM choice of law

Posted in New Case, Vehicle
In Hoosier v. Interinsurance Exchange of the Automobile Club, 2014 Ark. 524, the insureds got their policy in California, then moved to Texas.  A new declarations page was issued showing the change of residence to Texas.  The insureds were in an accident in Arkansas.  After settling with the tortfeasors, the insureds sought UM (uninsured motorist) coverage.… Continue Reading

Good faith and admiralty claims

Posted in New Case
The insured knew its barge had seaworthiness problems when it insured it, but did not tell the insurers about it. Under the federal common law doctrine of utmost good faith or uberrimae fidei, "a failure by the insured to disclose conditions affecting the risk, of which he is aware, makes the contract voidable at the insurer's option." The court also discusses the utmost good faith doctrine in terms of other insurance, too.… Continue Reading
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