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 …
This recurring feature examines insurance coverage decisions in the Midwest’s appellate courts as compiled by the New York-based law firm of Goldberg Segalla LLA and edited by insurance lawyer Kevin T. Merriman (kmerriman@goldbergsegalla.com). Ruling: Insurer held not liable for diminished …
Montana House Bill 631 (Signed into law on April 8, 2005) Regulation: This law relates to the revision of surplus lines insurance law and provides that a policy may not be placed with an unauthorized insurer unless the premium rate …
Eaton v. Continental Casualty Co. (California Court of Appeals, 2nd District, Sept. 15, 2005) Ruling: The court held that the insured’s suit against an excess insurer was not barred by the four-year statute of limitation applicable to general liability insurance. …
This recurring feature examines insurance coverage decisions in the Midwest’s appellate courts, as compiled by the New York-based law firm of Goldberg Segalla LLA and edited by insurance lawyer Kevin T. Merriman (kmerriman@goldbergsegalla.com). Castillo v. Prudential Property & Casualty Insurance …
USAA Casualty Insurance Co. v. Anglum, et al. (Colorado, Sept. 12, 2005) Ruling: The court held that an USAA auto policy unambiguously permitted the insurer to charge an adjusted premium for a newly acquired vehicle from the date the insured …
Exclusions–Criminal Acts Bamert v. Johnson (La. App. Aug. 17, 2005) Insured claims self-defense/question of fact on applicability of intentional, willful and malicious acts exclusion: This concerned an insurer’s obligation to defend and indemnify its insured under a homeowner’s policy regarding …
This recurring feature examines insurance coverage decisions in the Midwest’s appellate courts, as compiled by the New York-based law firm of Goldberg Segalla LLC and edited by insurance lawyer Kevin T. Merriman (kmerriman@goldbergsegalla.com). Cain vs. Griffin (Indiana Court of Appeals, …
Richard v. Century Sur. Co. (W.D. La. June 25, 2005) Question of fact regarding reinstatement of CGL policy: This concerns property damage incurred during Hurricane Lillie on Oct. 3, 2002. The insured made a claim under her commercial general liability …
Boghos v. Certain Underwriters at Lloyd’s of London (California, July 18, 2005) Ruling: This case considered the effect and enforceability of an arbitration clause in a contract for disability insurance. The Supreme Court reversed the lower court and remanded the …
