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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...

SNR Denton on Lease Crutcher Lewis WA, LLC v. National Union Fire Insurance Co.: Failure To Honor the Made-Whole Rule Can Be Bad Faith

By William T. Barker, Partner, SNR Denton An insurer normally has subrogation or reimbursement rights when the losses it has paid are recoverable from a third party, but typically these rights are qualified by a requirement that its insured must be made whole before the insurer is entitled to any...

The Problem of Mutual Benefit Insurance

By Barry Zalma, Attorney and Consultant When a person leases a portion of a structure with multiple tenants it is usual for the landlord to promise to buy property insurance to protect the entire structure and make, as part of the rent charged, the tenant pay a ratable portion of the insurance. When...

SUBROGATION - New Appleman on Insurance Law Library Edition, Chapter 49

By Joseph D. Jean, Rachel M. Wrightson, and Danielle C. Carmona This chapter discusses the contractual, equitable, and statutory subrogation rights that are available to insurers after they have paid a policyholder's claim for damages that were caused by a third-party tortfeasor. When an insurer...

BUILDERS RISK INSURANCE - New Appleman on Insurance Law Library Edition, Chapter 50

By James P. Bobotek Chapter 50 provides an examination of builders risk insurance. A builders risk policy is a form of property insurance that covers the interest of owners, contractors, subcontractors, and others involved in a construction project. It insures them against the risks of property damage...

Where Do We Stand On the Tenth Anniversary of the Medicare Secondary Payer Industry

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say, "What a long strange trip it's been"...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence

By Barry Zalma, Attorney and Consultant The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction work being performed by contractors on a building owned by VPP. VPP was insured by Acuity. Acuity paid the damage...

State Supporters of Terrorism Must Pay Insurers - Judgment for Insurers Against Syrian Government

By Barry Zalma, Attorney and Consultant Several insurers who paid for an airliner after a 1985 hijacking sued state sponsors of terrorism to recover, in subrogation, what they had to pay the owners of the airliner destroyed by terrorists. In Certain Underwriters at Lloyd's, London, et al. v....

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding (on an issue that has divided other jurisdictions...

Homeowner’s Insurance – New Appleman on Insurance Law Library Edition, Chapter 53

By Joseph D. Jean and Gregory D. Miller Section 53.01 introduces homeowner's insurance generally and discusses the types, processes and coverages available in homeowner's policies. Section 53.01[1] discusses the general organization and scope of homeowner's policies and tracks the unique...

Washington Court of Appeals Clarifies an Insurer's Subrogation Rights

By Daniel R. Bentson , Jerret E. Sale The Washington Court of Appeals recently clarified that primary insurers cannot sue other primary insurers on equitable subrogation grounds to recover extra-contractual damages or reasonable attorney fees. Trinity Universal Ins. Co. of Kan. v. Ohio Cas. Ins...

Supreme Court Declines to Hear Chubb's Appeal on CERCLA Subrogation Suit

New York, NY (January 15, 2014) -- The U.S. Supreme Court declined on January 13 to review a Ninth Circuit opinion affirming the U.S. District Court for the Northern District of California’s dismissal of an insurance company’s subrogation suit under CERCLA (aka Superfund) for recovery of...

15 Minutes (Fifteen Seconds, Really) Could Have Saved The Gecko More Than 15% On Car Insurance

Coverage Opinions hardly ever addresses automobile or subrogation cases. Here I address both. But wait, stay with me. This is an interesting one. It also speaks to an overarching issue concerning how insurers treat policyholders in a certain claim setting. The issue before the Indiana Court of Appeals...

District Court Holds that an Insurer’s Claim for Equitable Subrogation Against an Insured’s Co-Defendant Failed Because the Insurer Did Not Claim the Co-Defendant Caused the Underlying Damage at Issue

Guidry v. U.S. Department of the Interior , 2014 U.S. Dist. LEXIS 24787 (N.D. Cal. Feb. 25, 2014), [ enhanced version available to lexis.com subscribers ]. In Guidry , the district court held that, in an action where an underlying co-defendant (the “conservancy”) breached a contract by...

Subrogation is Only Either a Tort or Breach of Contract Action: Insurance Irrelevant to Subrogation Action

Subrogation lawsuits seek recovery from a tortfeasor who caused damage to property, the risk of loss of which was insured, and allows the insurer to step into the shoes of its insured to recover from the tortfeasor what the insured could have recovered had the insured not been insured. In Certain Underwriters...

West Virginia Supreme Court Clarifies Application of Landlords’ Homeowner’s Insurance Policy to Tenant’s Insurable Interest

The West Virginia Supreme Court of Appeals (“WVSCA”) recently rejected a circuit court decision finding that a tenant is an “equitable insured” under his landlords’ homeowner’s policy, which had precluded the landlords’ insurer from pursuing a subrogation claim...