CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 18, 2010

Focus Case: Actions and Proceedings By Sarah J. Delaney Supreme Court of Pennsylvania to Hear Important Attorney-Client Privilege Case Gillard v. AIG Insurance 2010 Pa. LEXIS 458 [ lexis.com ] (Penn. S. Ct. March 16, 2010) The Supreme Court of Pennsylvania has agreed to hear a case of vital important...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 26, 2010

Focus Case: Policy Conditions By Sarah J. Delaney Arkansas Reaffirms Its Status as a No-Prejudice State Fireman's Fund Insurance Company v. Care Management, Inc. 2010 Ark. 110 [ lexis.com / lexisONE ] (March 4, 2010) The Supreme Court of Arkansas re-affirmed its status as a "no-prejudice"...

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...

Five Recent Cases You Should Know About (5/31/2010)

Larson’s Spotlight on Sheepherder’s Death in Recreational/Social Event, Employee vs. Independent Contractor (Tattoo Artist, Sheetrock Worker), Co-Worker as Uninsured Motorist, and Return to Work/Light Work Duties. Larson's surveys the latest case developments that you need to know about...

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...

Five Recent Cases You Should Know About (11/26/2010)

Larson's Spotlight on Retaliatory Discharge, Uninsured Motorist, Average Weekly Wage, Permanent Partial Disability, and Violation of Absenteeism Policy. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

SNR Denton on Haley v. Allstate Insurance Co.: Does an Insurer's Duty of Good Faith Require It to Assist the Insured in Uninsured Motorist Litigation?

By Jennifer Yu Sacro and William T. Barker, Attorneys, SNR Denton In Haley v. Allstate Insurance Co. , a Washington federal court held that an insurer may incur bad faith liability in the course of defending an uninsured motorist action filed by its insured if the insurer fails to present at trial...

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the United States District Court for the Western District...

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims

By John R. Bachofner, Shareholder, Bullivant Houser Bailey PC The Oregon Court of Appeals has issued a decision in Hall v. Speer , 2011 Ore. App. LEXIS 998 (Or. Ct. App. July 20, 2011) that substantially broadens what will be considered a satisfactory Proof of Loss for Underinsured Motorist (UIM...

Larson’s Spotlight on Recent Workers’ Comp Cases: Self-Insured Gets Hit in Blind Spot With Liability for Uninsured Motorist Benefits

Larson's Spotlight on Uninsured Motorist, Dual Persona, Compulsory Coverage, and Misrepresentation Defense. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

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...

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...

The Right to Stack UM Coverage Can Be Waived

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle with their insurer. The Pennsylvania statutes allow...