Agent/Broker Liability Lin v. Metro Allied Ins. Agency Tex. App. 1st Dist., Aug. 31, 2007 Insurer liable under DTPA for its agent’s failure to procure insurance.An insured accepted a commercial general liability policy quote from an insurer’s agent and paid …
Bad Faith Pickett v. Texas Mut. Ins. Co. Tex.App., Austin, July 26, 2007 Requirement that insured exhaust workers” compensation administrative procedures prior to bad faith suit sustains constitutional challenge. Insured argued that the requirement that insured must exhaust administrative procedures …
Anti-assignment Clause Holloway v. Republic Indemnity Co. of America (Oregon, Nov. 16, 2006) Ruling: At issue on this appeal was whether an anti-assignment clause that provided that “[y]our rights or duties under this policy may not be transferred without our …
Attorneys Fees State Farm Mutual Automobile Insurance Co. v. Lestenkof (Alaska, Sept. 29, 2006) Ruling: In this case, the court considered whether an auto insurer must pay unlimited (Alaska Civil Rule 82) attorney’s fees to settle on underinsured motorist insurance …
Additional Insureds Alpha Holdings Ltd. v. Travelers Indemnity (California Court of Appeals, Second District, July 13, 2006) Ruling: This case involved a declaratory judgment action on insurance coverage under a vendor’s endorsement purporting to provide protection against product liability litigation. …
Bad Faith (Mo. App. Jan. 4, 2007) Ruling: Attorneys fees were awarded under Missouri’s “Vexatious Refusal to Pay” statute. Insured brought suit against insurer for denial of homeowners coverage. In addition to an award for insured’s loss, the jury awarded …
Cancellation and Nonrenewal John Gibson Auto Sales Inc. v. Direct Insurance Company (Ark. App., Div. III and IV, Dec. 20, 2006) Arkansas statute deemed inapplicable. Insured brought suit against insurer for denial of auto coverage. Insurer claimed coverage was not …
Actions and Proceedings Brannon v. Continental Casualty Co. (Alaska court, June 9, 2006, Unpublished) Ruling: The trial court had dismissed the injured party’s action against the insurer based on statute of limitation grounds. The injured party previously had been assigned …
Auto Liability American Freedom Insurance Co. v. Uriostegui (Ill. App., 1st Dist., July 13, 2006) Ruling: Insured’s regular use of auto barred coverage under non-owned auto policy. The court considered whether an automobile policy for “non-owned automobiles” covered the insured, …
Arbitration Allstate Insurance Company v. Great American Insurance Company (Super. Ct. N. J. June 15, 2006) Ruling: Insurance company could contest adverse arbitration finding where plaintiff insurance company improperly served demand for arbitration to incorrect address. Further, the incorrect policy …
