Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: policy limits

Criminal Acts exclusion did not apply to negligent conduct even if the conduct leads to a criminal conviction — Missouri

Posted in Contractual Liability, Insurance Bad Faith
In Pitt v. Leonberger, the Missouri Court of Appeals ruled that the criminal conduct exclusion did not apply. Leonberger, a school bus driver, struck and killed Pitts’ son.  The insurer, Missouri United School Insurance Council (MUSIC), accepted liability and even hired an attorney to represent Leonberger when a criminal charge of negligent homicide was filed against… Continue Reading

Insurers split over other insurance provisions; limits for pro rata calculation — 10th Circuit Oklahoma

Posted in Contractual Liability
In Philadelphia Indemnity v. Lexington Insurance, both companies insured a school building which was damaged by fire.  The issue was which insurance company had to pay, and how much. The trial court ruled that Philadelphia had to pay 54% of the loss, while Lexington had to pay 46%.  Both insurance companies appealed and the Tenth… Continue Reading

Employee dishonesty, non-cumulation provision, policy holder gets multiple years of coverage Oklahoma

Posted in Contractual Liability, New Case
In First United Methodist Church of Stillwater, Inc. v. Philadelphia Indemnity Insur. Co., 2016 OK CIV APP 59, First United’s finance manager embezzled nearly $200,000 between 2009 and 2012. First United gave notice to Philadelphia of the thefts in January 2013 that it discovered in December 2012. Philadelphia conducted an investigation and ultimately paid First United… Continue Reading

Extra expense coverage is in addition to other coverages — 8th Circuit, Missouri

Posted in Contractual Liability, New Case
In Midwest Regional Allergy v. Cincinnati Insurance Co., the insured, Midwest, was a medical office which was damaged in a tornado. While it paid the other claims, Cincinnati Insurance denied payment under the Extra Expense provision for the costs to repair and relocate Midwest’s MRI machine and to replace the other specialty equipment necessary to… Continue Reading
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