Duties of the Insurer

Duties of the Insurer   January 18, 2016   The insured dump truck owner brought an action against its excess liability insurer, alleging that…

Duty of Good Faith Not Owed to Third Party

A Kansas appeals court found that an insurer owed no duty of good faith and fair dealing to a third party who was a stranger to an insurance contract…

Claims Management

Carbon Monoxide Poisoning Not Covered under Texas Law

Carbon Monoxide Poisoning Not Covered under Texas Law   April 11, 2016 In this action, the insureds were denied coverage on the basis of the pollution…

Professional Services Exclusion and Applicability to CGL Coverage

Professional Services Exclusion and Applicability to CGL Coverage The United States Court of Appeals, Fifth Circuit, took up an appeal centering on…

Court Applies Pro-Rata-by-Time-on-the-Risk Allocation

In Wooddale Builders, Inc. v. Maryland Casualty Co., No. A04-1442, 2006 WL 2828672 (Minn. Oct. 5, 2006), the Minnesota Supreme Court ruled that, under…

Subcontractor Versus Material Supplier

Subcontractor Versus Material Supplier   The insured contractor sued its liability insurer, seeking a defense against a project owner's claims.…

Misrepresentation and Policy Voidance

Misrepresentation and Policy Voidance   The insureds, whose garage was destroyed by fire, filed an action against the insurer for breach of contract…

Subrogation Rights Not Triggered in New Jersey Auto Case

In an unpublished opinion, the Superior Court of New Jersey ruled that an insurer's contractual subrogation rights were not triggered in Liberty Mut.…

Animal Exclusion Prevents Coverage under Homeowners Policy

Animal Exclusion Prevents Coverage under Homeowners Policy   The claimant sued the insurer seeking a declaration that a homeowner's policy provided…