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CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – April 28, 2010

Actions and Proceedings Owners Ins. Co. v. Westfield Ins. Co. 2010 Ohio App. LEXIS 1252 [ lexis.com / lexisONE ] (Oh. Ct. App., April 5, 2010) Motion to Dismiss Granted Based on Forum Non Conveniens An Ohio coverage dispute arose from a personal injury action commenced in West Virginia in which the...

An Insurer’s Defense Under One Policy Does Not Excuse Its Breach Under Another

By Tyler C. Gerking, Partner, Farella Braun + Martel LLP Does an insurer’s defense of its insured under one policy excuse its breach of the duty to defend under another? A California Court of Appeal recently concluded: Not if the insured is potentially liable for an amount in excess of the policy...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured coverage from its subcontractors' insurer...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635 [ lexis.com / lexisONE ] (5th Cir.(La.), August 11...

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which involves the Two-Year Limitation provision for...

Blogs From the Advisory Board: The Wacky World of Uninsured and Underinsured Motorist Insurance

By Jeffery Thomas, Associate Dean for Academic Affairs and Professor of Law at the University of Missouri - Kansas City Having recently finished my annual update to the three-volume treatise Uninsured and Underinsured Motorist Insurance , I am a struck once again by how "wacky" this area...

Policy Limits Are Policy Limits – The Policy Says Only What It Says

By Barry Zalma, Attorney and Consultant Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis v. Travelers Property Casualty Company of America...

Stupid Facts Make For Interesting Law – No Fault Auto Insurance is a Contract of Personal Indemnity

By Barry Zalma, Attorney and Consultant Insurance policies do not insure property. Insurance policies do not insure cars. Insurance policies, much to the surprise of the uninitiated, insure people against certain risks of loss specified in a policy. Therefore, if a person has an automobile insurance...

General Principles and Introductory Matters In Motor Vehicle Insurance Law – New Appleman on Insurance Law Library Edition, Chapter 61

By Christopher J. Robinette, Associate Professor at the Widener University School of Law Chapter 61 provides an overview of automobile insurance law in the United States, including many matters that will be covered in greater detail in subsequent chapters. The goal in this chapter is to orient the...

Physical Damage Coverage For Motor Vehicles (Collision, Comprehensive And Named-Perils Coverages) – New Appleman on Insurance Law Library Edition, Chapter 62

By Andrew Janquitto, Partner, Mudd, Harrison & Burch, L.L.P Chapter 62 examines physical damage coverage for motor vehicles, which is a first-party insurance coverage designed to protect the insured vehicle from direct and accidental loss caused by a variety of transportation and non-transportation...

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there were more than 5.5 million police-reported motor...

Medical Payments Coverage – New Appleman on Insurance Law Library Edition, Chapter 64

By Donald M. Carley, Associate General Counsel, State Farm Mutual Automobile Insurance Company Chapter 64 provides an overview of one of the most overlooked coverages in the personal automobile insurance contract - the medical payments coverage. The coverage was first introduced in the late 1930s...

Uninsured and Underinsured Motorist Insurance – New Appleman on Insurance Law Library Edition, Chapter 65

By Jeffrey E. Thomas, Associate Dean and Professor of Law at the University of Missouri - Kansas City Uninsured and underinsured motorist insurance issues are among the most technical and complex in the area of automobile insurance. This chapter is intended to provide a framework for understanding...

No-Fault Insurance – New Appleman on Insurance Law Library Edition, Chapter 66

By Eileen Swarbrick, Attorney Chapter 66 provides an in-depth discussion of no-fault insurance law. No-fault insurance refers to insurance for which an insured is compensated for economic losses no matter who is at fault in an accident. No-fault coverage is strictly governed by the no-fault statute...

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year

Randy J. Maniloff, White and Williams, LLP I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put on the radio. And, voila, off I go. But, apparently...

It is Important to Honor Substance Over Form

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass Insurance Company of America , No. 100 (Md. 04/25...

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World

By Randy J. Maniloff, White and Williams, LLP Will More Money Now, Err, Flo? In my house, if my wife says something, and her mother agrees, then it is a fact. I could dig up Aristotle and even he couldn't convince that duo otherwise. That is not unlike what happened to Progressive Insurance...

No Coverage For Participant In Drag Race

By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries caused by participation in such a dangerous risk...

Insurance Agent Secretly Adds Her Own Car To Client's Insurance Policy

The California Department of Insurance arrested Graciela Elena Paredes, aka, Graciela Elena Gaxiola, 36, of Corona, on October 17, 2013. Paredes was arrested on one felony count of insurance fraud for adding herself to a client’s auto insurance policy unbeknownst to the policyholder. This case...

Safeco Insurance Company Pays $900,000 Fine For Market Conduct Violations; Refunds More Than $3 million To Policyholders

Insurer agrees to end unapproved use of credit score analysis in underwriting and implement other business practice reforms California Insurance Commissioner Dave Jones has announced that Safeco Insurance Company has agreed to pay a $900,000 fine and reform its approval process for homeowners and...

Psychologist Guilty of Not Providing Therapy In No-Fault Automobile Insurance Fraud Scheme

Psychologist Jay Seitz has been convicted in federal court of one count of conspiracy to commit mail fraud and health care fraud, one count of mail fraud, and one count of health care fraud in connection with his participation in a multi-year, no-fault automobile insurance fraud scheme. Seitz was convicted...

The Need For a Causal Relationship: Arising Out of Use Required

Uninsured and Underinsured motorist coverage protects against injuries arising out of the use of an automobile. Missouri, in Walden v. Smith and American Family Mutual Insurance , Court of Appeals of Missouri Western District, (April 15, 2014) [ enhanced version available to lexis.com subscribers ],...

Eastern District of California Finds Policy Covering “Hired” and “Borrowed” Automobiles Does Not Cover Automobiles Driven By the Insured’s Contractual Partners

Travelers Prop. Cas. Co. of America v. LK Transportation, Inc. , 2014 U.S. Dist. LEXIS 33660 (E.D. Cal. Mar. 13, 2014), [ enhanced version available to lexis.com subscribers ]. In LK Transportation , the district court found that “hired” or “borrowed” automobiles, as those...

Permissive User Not Intended Insured of Umbrella Policy – Only Coverage for Insured Person

On October 10, 2010, Levina Rice suffered significant injuries as a passenger in a one-vehicle automobile accident in Bates County, Missouri. Rice’s son-in-law, Howard Wiebe, drove the vehicle, which was owned by Rice’s daughter and son-in-law, Sherry and Timothy Underwood. Both Wiebe and...

Facts Rule Coverage – Pollution Exclusion Effective

Insurers do not want to cover pollution under a basic automobile insurance policy. In their generosity they take on the liability of their insureds if, as a result of a collision or upset of an insured vehicle, some pollution occurs. That does not, however give coverage for every incident of pollution...