Exclusions Yates Carpet Inc. v. The Travelers Lloyds Insurance Co. Texas Appeals 7th Circuit, June 19, 2008 Breach of contract exclusion precludes coverage for all claims bearing even an incidental relationship to alleged breach of contract. The claimant alleged that …
Exclusions United Fire & Casualty Co. v. Keely & Sons, Inc. Ill. App. May 2, 2008 Commercial policy does not provide coverage to policyholder for claims of spoliation of evidence. A policyholder was sued when employees were injured after falling …
Additional Insured Evanston Insurance Co. v. Atofina Petrochemicals Inc., Texas Feb. 15, 2008. Contract provision requiring that refinery “shall be named as additional insured” sufficient to trigger additional insured coverage for refinery’s negligence, despite contract provision prohibiting indemnification of refinery …
Bad Faith Texas Mut. Ins. Co. v. Ruttiger Texas App. 1st Dist. Jan.17, 2008 Bad faith cause of action lies against workers’ compensation carrier. An individual was injured on the job. The workers’ compensation carrier refused to pay for the …
Actions and Proceedings In Re Madrid Tex. App. El Paso Oct. 11, 2007 Reservation of rights letter protected by work product privilege. A party injured in a motor vehicle accident sued the insured. The injured party made a demand for …
Excess/Umbrella Coverage Cincinnati Insurance Company v. CPS Holdings, Inc. (Ohio, Sept. 27, 2007) An errors and omissions policy does not constitute underlying insurance. The Ohio Department of Administrative Services sued the insured for the alleged mismanagement of state funds. The …
Agent/Broker Liability Lin v. Metro Allied Ins. Agency Tex. App. 1st Dist., Aug. 31, 2007 Insurer liable under DTPA for its agent’s failure to procure insurance. An insured accepted a commercial general liability policy quote from an insurer’s agent and …
Bad Faith Pickett v. Texas Mut. Ins. Co. Tex.App., Austin, July 26, 2007 Requirement that insured exhaust workers” compensation administrative procedures prior to bad faith suit sustains constitutional challenge. Insured argued that the requirement that insured must exhaust administrative procedures …
Anti-assignment Clause Holloway v. Republic Indemnity Co. of America (Oregon, Nov. 16, 2006) Ruling: At issue on this appeal was whether an anti-assignment clause that provided that “[y]our rights or duties under this policy may not be transferred without our …
Attorneys Fees State Farm Mutual Automobile Insurance Co. v. Lestenkof (Alaska, Sept. 29, 2006) Ruling: In this case, the court considered whether an auto insurer must pay unlimited (Alaska Civil Rule 82) attorney’s fees to settle on underinsured motorist insurance …
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