Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: waiver

Insurer gets summary judgment for untimely notice – claims made policy — no prejudice required — 8th Circuit Minnesota

Posted in Contractual Liability, Duty to Defend
In Food Market Merchandising, Inc v. Scottsdale Indemnity Company, Food Market was required to pay additional commissions to an employee.  It provided notice to Scottsdale 7 months after the employee sued for his commissions.  The trial court said it was too late, and the Eighth Circuit agreed.  The policy required the policyholder to “give Insurer… Continue Reading

Wyoming Oil & Gas Insurance Policies Exempt from Anti-Indemnity Statute; 10th Circuit, Wyoming

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith, New Case
In Lexington Ins. Co. v. Precision Drilling Co., L.L.P., the insurer sued the insured after an accident on the insured’s oil rig. The insurance policy was purchased by the oil rig management company. The insurer claimed the policy violated the Wyoming Anti-Indemnity Statute because the policy was purchased by a third party and the statute… Continue Reading

Election of lower uninsured / underinsured motorist coverage valid, regardless of same sex relationship Pennsylvania law

Posted in Contractual Liability, New Case
In Guglielmelli v. State Farm Mutual Automobile Ins. Co., Mr. Jayadi applied for auto insurance with 100/300 liability limits and 15/30 uninsured motorist coverage (UM coverage) on behalf of himself and Mr. Guglielmelli. The two insureds lived together and had a same sex relationship.  Later, Guglielmelli was hurt by an underinsured motorist.  Under Pennsylvania law,… Continue Reading

Failure to defend, reserve rights, results in waiver and coverage, 7th Circuit, Illinois

Posted in New Case
“This case provides a warning for insurance companies who refuse to defend their insureds.” So begins the opinion in National American Insurance v. Artisan and Truckers Casualty.  Artisan insured Barengolts, a tractor trailer driver, who rear ended the Bernals.  The Bernals sued, and alleged various inconsistent claims regarding any agency relationship between and among the… Continue Reading

$20M bad faith verdict overturned because of bad jury instructions -Oklahoma

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Aduddell Lincoln Plaza Hotel v. Certain Underwriters at Lloyd’s, 2015 OK CIV APP 34; a judgment of nearly $20 million (for actual damages, bad faith damages, punitive damages, and interest) was reversed because of bad jury instructions. Lloyds offered to pay $50,000 on a $600,000 claim, after deducting for old damage and depreciation. Jury… 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

No bad faith where delay in payment was requested by insured Oklahoma law

Posted in Insurance Bad Faith
There can be no claim for breach of contract or bad faith with regard to delay in payment where the delay was requested by the insured. Similarly, there can be no claim for interest payments where the delay in payment was requested by the insured. There can be no claim for bad faith investigation without a showing of what additional investigation would have shown.… Continue Reading