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). Hemocleanse Inc. v. Philadelphia Indemnity Insurance Company …
(Iowa Court of Appeals, April 28, 2005) —Ruling: Expected/ intended harm exclusion bars coverage for sexual abuse claims; no coverage for innocent insured under severability clause. Insurer brought declaratory judgment action seeking declaration that it had no duty to defend …
(Minnesota,May 5, 2005) —Ruling: Borrower is intended third-party beneficiary under fire policy Borrower under a mortgage brought action against insurer alleging that he was an intended third-party beneficiary of a fire and windstorm policy between the mortgage company and the …
(8th U.S. Circuit Court of Appeals, Missouri, April 29, 2005) —Ruling: Insured entitled to actual cash value for building damaged by fire This case involved the insured’s purchase of a building for $40,000 intending to replace or renovate it. The …
Editor’s note: 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 LLP and edited by insurance lawyer Kevin T. Merriman. Westfield Insurance Co. vs. Kroiss (Minnesota …
(7th U.S. Circuit Court of Appeals, applying Illinois law, March 11, 2005) –Ruling: Advertising injury coverage is inapplicable to claims that product failed to conform with statements of performance on packaging. The insured was a seller of universal transmitters and …
(8th U.S. Circuit Court of Appeals, applying Minnesota law, March 11, 2005) –Ruling: Supplier’s loss of electricity is not direct physical loss. Under Minnesota law, a power substation that was damaged by an earthquake was not a “supplier of goods …
(Missouri Court of Appeals, Eastern District, March 8, 2005) –Ruling: Indemnity provision between insureds trumps “other insurance” provision. Federal claimed equitable contribution for the $2.9 million that it paid on behalf of its insured under the excess coverage of its …
(7th U.S. Circuit Court of Appeals, March 15, 2005) –Ruling: ‘Lifetime’ language without reservation clauses in plan documents creates ambiguity about vesting. The court held that the presence of “lifetime” language without reservation of rights clauses in several retiree benefit …
(Wisconsin Court of Appeals, District I, March 8, 2005) –Ruling:Professional services exclusion barred coverage for claims asserted against real estate agents. The court held that the professional services exclusion in the policy barred coverage for plaintiffs’ claims that the insured …
