Expected or Intended Injury Exclusion and Subjective Intent
In Shelby Casualty Insurance Co. v. H.T., 2007 WL 879494 (N.J.Super.A.D., 2007), a homeowners’ insurer sought declaratory judgment that the intentional…
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Global Warming Claims Are Not Occurrences
Global Warming Claims Are Not Occurrences The general liability insurer for a generator/distributor of electricity brought an action seeking…
Read Full ArticleTimely Notice and Presumption of Prejudice
Timely Notice and Presumption of Prejudice Indiana Insurance sought a rehearing of the Indiana Supreme Court's opinion in a previous case. In…
Read Full ArticleDiminution in Value not Seen as Property Damage
Diminution in Value Not Seen as Property Damage In Goodstein v. Continental Cas. Co., 2007 WL 4225803 (9th Cir. 2007), the Court of Appeals…
Read Full ArticleDisability Benefits are not Considered Marital Property and not Subject to Equitable Division in Divorce
Disability Benefits Are Not Considered Marital Property and Not Subject To Equitable Division in Divorce June 26, 2017 This week, the Georgia…
Read Full ArticleNegligence Claim Against Insurance Agent
Negligence Claim Against Insurance Agent November 9, 2015 The insureds' son was injured in an auto accident. After discovering that the…
Read Full ArticleCarbon Monoxide Poisoning and the Question of One Occurrence Versus More Than One
Carbon Monoxide Poisoning and the Question of One Occurrence Versus More Than One March 18, 2014 Petitioners appealed a ruling by a county…
Read Full ArticleInsurer has no Subrogation Rights Against Insured Landlord's Tenant
A Tennessee appeals court ruled that a tenant was considered an additional insured on a landlord's policy and that the insurer had no subrogation rights…
Read Full ArticleDamages Include Equitable Relief
The Eighth Circuit Court of Appeals found that an insurer had a duty to defend its insured in actions brought against the insured by the Federal Trade…
Read Full ArticleExcess Insurer Has No Duty to Investigate Drivers License Validity
In Philadelphia Indemnity Ins. Co. v. Montes-Harris, No. S130717, 2006 WL 3517847 ( Cal. Dec. 7, 2006), the California Supreme Court held that an excess…
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