Insurance Law

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Coverage Denial Based On Policy Exclusions Defeats Bad Faith, 5th Circuit Rules
Posted on 22 Aug 2012 by Mealeys

NEW ORLEANS - Because an insurer's denial of coverage for an accident was based on clearly stated policy exclusions for intoxication and illegal activities, a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 held that the insurer had not acted... Read More

Tags: Insurance

High Court Will Not Consider Whether ERISA Claim Is Time-Barred
Posted on 1 Apr 2013 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on April 1 denied review of a First Circuit U.S. Court of Appeals ruling that the limitations period for filing a legal claim provided in a disability plan bars a participant's claim for reinstatement of benefits... Read More

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No Coverage For Funeral Director In Illegal Body Parts Scheme, Federal Judge Rules
Posted on 30 Jan 2013 by Mealeys

ALLENTOWN, Pa. - An insurer has no duty to defend or indemnify a funeral director who has been convicted of crimes arising from the illegal harvesting of tissues and organs, a Pennsylvania federal judge ruled Jan. 29, granting the insurer's motion... Read More

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New Jersey High Court: Claims Alleging Body Parts Harvesting Scheme Are Not Covered
Posted on 29 Jun 2012 by Mealeys

TRENTON, N.J. - The New Jersey Supreme Court on June 28 affirmed a lower court's ruling that professional liability insurers have no duty to defend and indemnify their cemetery and crematory insureds against underlying claims that they illegally harvested... Read More

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Federal Judge Abstains From Hearing Legal Malpractice Coverage Suit
Posted on 15 Mar 2012 by Mealeys

CAMDEN, N.J. - A New Jersey federal judge on March 12 found that abstention from hearing an insurer's declaratory judgment lawsuit challenging coverage for an underlying legal malpractice action is appropriate, dismissing without prejudice to the... Read More

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Appeals Court: Payment Provision Does Not Provide Defense In Malpractice Suit
Posted on 14 Nov 2012 by Mealeys

CHICAGO - In a matter of first impression, an Illinois appeals court on Nov. 9 held that a voluntary payment clause in a professional liability insurance policy does not bar a duty to defend in a legal malpractice action ( Illinois State Bar Association... Read More

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Judge: No Coverage Owed For Underlying Malpractice Claims Against Law Firm Insured
Posted on 4 Apr 2012 by Mealeys

BALTIMORE - Law firm insureds' failure to report a potential legal malpractice claim during a 2006 term of a professional liability insurance policy precluded coverage, a Maryland federal judge found April 3 (Minnesota Lawyers Mut. Ins. Co. v. Baylor... Read More

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Magistrate: Some Coverage, Reserves Documents Not Privileged In Bad Faith Case
Posted on 8 Apr 2013 by Mealeys

DENVER - Finding that certain of an insurer's claim file documents pertained to claims investigation, rather than legal counsel, a Colorado federal magistrate judge on April 2 held that the documents were not protected from discovery under the attorney... Read More

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Judge Denies Judgment To Contractor On Insurer's Breach Of Contract Claim
Posted on 23 May 2012 by Mealeys

SEATTLE - A contractor failed to show that it fully performed the contract prior to loss or that a legal defense to a subrogated insurer's breach of contract claim exists, a Washington federal judge ruled May 21, also finding that the insurer's... Read More

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6th Circuit Affirms Rescission Of Policy In Legal Malpractice Coverage Suit
Posted on 16 Apr 2012 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 13 affirmed a district court's ruling that an insurer was entitled to rescind a lawyers professional liability insurance policy because the insured made material misrepresentations and... Read More

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Judge: Insurer Has No Duty To Defend Against Suit Arising From Alleged Trespass
Posted on 27 Nov 2012 by Mealeys

OAKLAND, Calif. - A commercial general and pollution legal liability insurer has no duty to defend or indemnify its iron and metal company insured against an underlying lawsuit alleging claims for trespass, conversion and negligence, a California federal... Read More

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Federal Judge Defers Issue Of Whether Insurer's Duty To Defend Sandusky Is Void
Posted on 6 Jun 2012 by Mealeys

HARRISBURG, Pa. - A Pennsylvania federal chief judge on June 4 deferred the question of whether an insurer's duty to provide a legal defense to alleged child molester Gerald A. Sandusky is void as against Pennsylvania public policy, denying the insurer's... Read More

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Federal Judge Dismisses Suit Seeking Coverage For Legal Malpractice Claim
Posted on 6 Apr 2012 by Mealeys

TAMPA, Fla. - A Florida federal judge on April 5 dismissed an attorney insured's breach of contract and bad faith lawsuit seeking professional liability coverage for an underlying legal malpractice claim (David Band v. Twin City Fire Insurance Company... Read More

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Insurer Has A Duty To Defend, Indemnify Malpractice Claims, Ohio Panel Affirms
Posted on 7 Sep 2012 by Mealeys

CLEVELAND - A professional liability insurer has a duty to defend and indemnify its attorney insured against underlying legal malpractice allegations, an Ohio appeals panel affirmed Sept. 6 ( Alan I. Goodman v. Medmarc Insurance, No. 97969, Ohio App.... Read More

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Judge Refuses To Dismiss Counterclaims In Legal Malpractice Coverage Dispute
Posted on 17 May 2012 by Mealeys

NEW ORLEANS - A Louisiana federal judge on May 15 denied an errors and omissions insurer's motion to dismiss a law firm insured's counterclaims in a coverage dispute over legal malpractice allegations against the insured (Westport Insurance Corporation... Read More

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