The Tennessee Supreme Court has determined that, in health care liability lawsuits, the obligation to disclose the number of violations of the certificate of good faith requirement does not compel any disclosure if there are no previous violations. The court …
The New York Supreme Court’s Appellate Division affirmed that a $5 million flood sub-limit in a builders risk policy that Zurich American Insurance issued to a New York property developer applies to the delay-in-completion losses by the flood peril after …
Jon Corzine and other former MF Global Holdings Ltd officials have reached a $64.5 million settlement of litigation brought by investors seeking to hold them liable for the now-defunct futures brokerage’s 2011 bankruptcy. The preliminary all-cash settlement with Corzine, who …
Amtrak recently reached a settlement with its primary insurers in a lawsuit in which the railroad operator sought to recoup additional proceeds for Superstorm Sandy losses from its insurers, according to court documents. Terms of the settlement were not disclosed …
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 …
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 …
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 …
