Oklahoma Savage v. Burton(Okla. App. Nov. 15, 2005) Son-in-law did not qualify as “insured” under mother-in-law’s UM coverage: Defendant shot decedent to death during a road rage incident. The estate of decedent initiated an action against defendant and State Farm …
MiscellaneousJones v. County of Missoula (Montana, Jan. 4, 2006) Ruling: At issue on this appeal was whether the county deprived citizens of their constitutional right to participate in the operation of government by failing to give citizens proper notice of …
Auto liability Allstate Insurance Company v. Reid (1st Cir. Nov. 30, 2005) Ruling: Coverage Not Available for Damage to Boat Towed by Insured. Defendant and his friend, May, were returning from a fishing trip. Defendant was towing May’s boat and …
Actions and Proceedings Topliff v. Chicago Insurance Co. (Wash. Court of Appeals, Nov. 15, 2005) Ruling: The insured, an attorney, had been sued in an underlying action, and his professional liability insurer denied coverage because the claim was not within …
Mercury Insurance Company v. Cooper (Fla. App., 3rd Dist., Nov. 23, 2005)A driver was injured in an accident when struck by a motor vehicle insured by Mercury. Mercury filed a declaratory judgment action against the driver, but, while the action …
Medical provider failed to attach ‘Assignment of Benefits Form’ to statement of claim Progressive Express Insurance Company v .McGrath Community Chiropractic (Fla. App., 2nd Dist., Nov. 18, 2005)A medical provider filed a small claims action against insurer, seeking to recover …
‘Aircraft’exclusions ineffective Tucker v. Texas Lloyds Insurance Co. (Texas, Dec. 6, 2005)Plaintiff and his friend, Hartless, were moving Tucker’s inoperable, home-built light plane onto movable scales to weigh it. Tucker tipped the plane onto its nose, pinning Hartless under the …
Liberty Mutual Fire Insurance Co. v. Dennison (Hawaii Court of Appeals, Oct. 11, 2005) Ruling: The insurer in this case filed a declaratory judgment action against its insured, alleging that it was not liable for emotional distress damages caused when …
Mecca v. Farmers Insurance Exchange (Montana Court, Oct. 25, 2005) (Unpublished) Ruling: The lower court granted the insurer’s motion for summary judgment denying the insured’s claim for underinsured coverage. The court affirmed and held that an application of underinsured motorists …
Pagarigan v. Aetna U.S. Healthcare of California Inc. (California Court of Appeals, 2nd District, Oct. 25, 2005) Ruling: At issue on this appeal was the liability of a health maintenance organization, which contracts out its healthcare responsibilities to various providers, …
