Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: New Case

No claim of bad faith or breach of contract against rental car company where insurance was declined — Missouri

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith
In Clayborne v. Enterprise, Parker rented a car from Enterprise.  Parker declined insurance coverage and supplemental insurance when he rented the car.  Then he was in an accident and hit Clayborne.  Enterprise declined to defend the subsequent suit which Parker claimed was bad faith.  But summary judgment to Enterprise was affirmed.  Enterprise and ELCO (Enterprise’s… Continue Reading

Construction defect is not an “occurrence” or “accident” that triggers covered “property damage” within the meaning of a CGL policy – 7th Circuit, Illinois

Posted in Contractual Liability, Duty to Defend
In  Allied Prop. & Cas. Ins. Co. v. Metro N. Condo. Ass’n., Allied’s policyholder insured improperly installed windows on Metro’s property. Metro sued the insured for breach of the implied warranty of habitability. Metro and the insured entered into a settlement agreement assigning Metro the right to the insured’s insurance proceeds. Allied sought a declaratory… Continue Reading

Law Firm Has “No Case” in Contract Automatic Renewal Dispute – 7th Circuit, Illinois

Posted in New Case
Cafferty, Clobes, Merriweather & Sprengel, L.L.P. v. XO Comm’ns. Srvs, L.L.C., arose from an automatic contract renewal clause. The contract was to renew annually unless Cafferty notified XO at least 30 days before expiration. Failure to provide notice would result in a termination fee. XO noted the renewal policy in each monthly billing statement. Cafferty… Continue Reading

Anti-stacking UM policy struck down — again! Missouri law

Posted in New Case
In Nationwide v. Dugger, Tanya Dugger’s daughter was killed when the vehicle she was riding in was struck by a train.  Tanya Dugger had an automobile policy with Nationwide that insured two vehicles. The Policy contained anti-stacking language purporting to limit Tanya to a single payment of $25,000 for her UM coverage. The trial court… Continue Reading

No Coverage for nuisance claims arising out of poultry and pig farming based on business pursuits and pollution exclusions, 8th Cir. Missouri (unpublished)

Posted in Duty to Defend, New Case
In Grinnell Mutual Reinsurance Company v. Rambo, Rambo and Reynolds were sued for nuisance and other harms caused by their poultry and swine farms.  The trial court granted summary judgment to the insurer because the pollution liability exclusion and the business activities and custom feeding exclusions were unambiguous and precluded coverage for the claims against… Continue Reading

D&O policy doesn’t cover bank officers for FDIC claims under insured vs insured exclusion — 10th Circuit, Kansas

Posted in Duty to Defend, New Case
In BancInsure, Inc. v. FDIC, BankInsure issued a Directors and Officers liability policy (D&O policy) to Columbian Bank, which was put into receivership by the FDIC.  Various officers confirmed with BancInsure that it would cover FDIC claims so long as it (the insurer) got proper notice.  But when the directors got sued, BancInsure said there… Continue Reading

New Tennessee bad faith law does not preclude punitive damages

Posted in Insurance Bad Faith, New Case
In Carroll v. Nationwide Property & Cas. Co., No. 2:14–cv–02902–STA (W.D. Tenn. June 8, 2015; Defendant wanted Plaintiffs’ punitive damage claim dismissed since the statute which allowed bad faith claims said it was exclusive, except as to common law claims.  But the district court disagreed, noting that the statutory language precluded statutory treble damages, but… Continue Reading

No bad faith where there was no reasonable opportunity to settle excess claims — Missouri law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Purscell v. Tico Insurance Co., Purscell sued his motor vehicle liability carrier, Infinity Assurance Insurance, contending the insurer acted in bad faith in handling claims brought against him by third parties (the Carrs and  Priesendorf — deceased) injured in a motor vehicle accident. Purscell alleged Infinity exposed him to excess judgments when it failed… Continue Reading

Insureds’ fraud results in void policy and $4.1 Million Judgment in Insurer’s Favor — Missouri

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Akers v. Auto-Owners (Mut.) Ins. Co, (2015 WL 3714595) the insurer paid its insureds over $3.5M after a house fire.  The insureds, (the Akers) claimed the insurer still owed them more money and sued them.  In discovery, the Insurer found that the Insureds had prepared fraudulent invoices to inflate their losses.  The Insurer then… Continue Reading

Insurer required to replace hail dented roof — cosmetic damage only 7th Circuit Wisconsin

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Advance Cable Company, LLC v. Cincinnati Insurance Company, hail dented but did not otherwise damage a metal roof.  The insurance company said the damage was cosmetic and did not affect the roof’s performance or life expectancy.  The denting could not be seen from ground level.   Thus, the insurance company refused to replace the… 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

Duty to defend copyright, slogan, advertising claims Eighth Circuit, applying Minnesota law

Posted in Contractual Liability, Duty to Defend, New Case
Selective Insurance Company v. Smart Candle, LLC The insured, Smart Candle, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. Excell sued Smart Candle under the Lanham Act alleging that, among other things, Smart Candle’s use of the trade name and trademark “Smart Candle” infringed rights that Excell had over use of that… Continue Reading

Governmental Tort Claims Act, Uninsured Motorist Coverage and Set Off — Okla law

Posted in Contractual Liability, immunity, New Case, Vehicle
In Mariani v. State ex rel. Oklahoma State University, 2015 OK 1, the issue was whether the governmental tortfeasor was entitled to a set off for the uninsured motorist coverage paid by the injured party’s insurer. Under the Governmental Tort Claims Act (GTCA), the state’s liability is limited to a certain dollar amount– in this… 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

Arbitration agreement in nursing home contract unenforceable against family Ok law

Posted in New Case
In Boler v. Security Health Care, the court affirmed the trial court’s denial of arbitration of a wrongful death claim.  The issue is whether the trial court erred in denying the nursing home’s motion to compel arbitration. The trial judge held that the wrongful death claim belonging to Cleo Boler’s statutory beneficiaries pursuant to 12… Continue Reading

Breach of fire protective safeguards endorsement negated by insurance company inspection. 4th Cir., NC, unpublished

Posted in New Case
In Colony Ins. v. Peterson, the insured got insurance for a vacant building. Under an endorsement, the insured was required to keep the utilities on in the building, and have working fire protection. The insurance company had the building inspected, and charged a $250 fee. When inspected, it was found there was no power on… Continue Reading

Duty to defend under Contractual Liability Clause Wyoming Tenth Circuit

Posted in Contractual Liability, New Case
In Mid-Continent Casualty Company v. True Oil, Mid-Continent brought a declaratory judgment action to determine if it had a duty to defend and indemnify True Oil in a lawsuit brought by Van Norman. Van Norman was an employee of Pennant, Mid-Continent’s insured. Pennant agreed to indemnify True Oil for claims resulting from either Pennant or… Continue Reading
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