Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: notice

Breach of notification provision, failure to give insurance company prompt notice voids coverage — 8th Circuit, Arkansas

Posted in Contractual Liability
In American Railcar Industries v. Hartford Insurance Company, Tedder, American Railcar’s employee, was hurt while on a break at work.  Tedder sought workers compensation coverage for the claim, which was eventually denied by the Arkansas Workers’ Compensation Commission.  Then, Tedder filed a civil tort action against American Railcar (ARI) in federal court. ARI did not… Continue Reading

Insurer equitably estopped from denying coverage based on change of position on interrelated acts — 10th Circuit — NY law

Posted in Contractual Liability, Duty to Defend
In Brecek & Young Advisors v. Lloyds London, BYA told Lloyds about some claims (Wahl Arbitration) that fell within the 2006-2007 policy issued by Lloyds to BYA.  Lloyds first claimed that the Wahl Arbitration was related to another claim under a previous policy issued by Fireman’s Fund. Under the policy,“Interrelated Wrongful Acts” are “considered a… Continue Reading

Notice / Prejudice rule applied to claims made policy where notice was given within the date certain requirement — Federal Court, Colorado

Posted in Contractual Liability
In Childrens Hospital v. Lexington, Childrens (CHC) was sued for professional negligence.  It failed to provide notice to its insurer, Lexington, “as soon as practicable”, but gave notice within the “date certain” notice requirement of the claims-made policy.  As a result, the court determined it could use the notice prejudice rule to determine if the… Continue Reading

Breach of cooperation clause precludes coverage — Arkansas Court of Appeals

Posted in Contractual Liability, Duty to Defend, New Case
In Spore v. Geico, 2016 Ark. App. 306, Spore was injured in a car accident with Adrian, who was driving a car insured by Geico, through a policy issued to Lolita Ford. Lolita Ford ignored all of Geico’s requests for information about the accident, and Geico filed a declaratory judgment action claiming Lolita Ford’s breach… Continue Reading

Late notice, no prejudice, and ambiguous policy as to who is an insured, CGL policy 8th Circuit, Iowa law

Posted in Contractual Liability, Duty to Defend, New Case
In Michigan Millers Mutual Ins. v. Asoyia, Inc., Asoyia had a Commercial General Liability policy (CGL) with Michigan Millers. Asoyia produces soybean oil. One of Asoyia’s customers, Sunnyside Country Club, had a fire it attributed to Asoyia’s soybean oil, which spontaneously combusted while on rags at Sunnyside’s laundry. Michigan Millers claimed it had no duty… Continue Reading

Compulsory Insurance — non auto case 8th Circuit

Posted in Contractual Liability, New Case
Most people are familiar with laws that require drivers to have insurance.  These are called compulsory insurance laws.  But in Northwest Airlines, Inc. v. Westchester Fire Insurance Co., compulsory insurance laws were applied to an on the ground airplane accident at the Las Vegas airport. Northwest used PALS to maintain its planes in Las Vegas. … Continue Reading

No right to statutory damages under ERISA / COBRA for failure to give notice where plaintiff was not harmed; 8th Circuit

Posted in Contractual Liability, New Case
In Cole v. Trinity Health Corporation, the Eighth Circuit affirmed the trial court’s grant of summary judgment to an ERISA plan that failed to give statutory notice of COBRA (Consolidated Omnibus Budget Reconciliation Act) rights to continued health care coverage after Ms. Cole was terminated from employment.  COBRA requires that an employee be offered the… Continue Reading

Wikipedia “Not a Reliable Source of Information” For Judicial Notice

Posted in New Case
A New Jersey judge who allowed a lawyer to plug an evidentiary gap with a Wikipedia page has been reversed on the ground that the online encyclopedia that "anyone can edit" is not a reliable source of information. This may be a good opinion where there is a hotly contested fact. But then, I don’t… Continue Reading