Insurance Coverage
January 5, 2023 | Lawrence S. Han | Michael J. Heller | Matthew V. Spero | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry
- A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive
December 28, 2022 |
First Department Finds That Excess Policy May (Or May Not) Be Triggered Before Primary Policy In Another Year
Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14. The contractor was sued for property damage resulting from its construction work during an unspecified time,
Read MoreDecember 20, 2022 | Robert Tugander | Greg E. Mann |
We roll out our December Insurance Update just in time for the holidays.
Here’s what’s inside:
- The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
- A Minnesota federal judge considers data breach coverage for wire transfers to a fraudulent account.
- A Massachusetts federal court weighs
November 30, 2022 |
Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice
In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its insured contractor from certain excess insurers. The excess insurers were not placed on notice until six years after the filing of the
Read MoreNovember 21, 2022 |
Our November Insurance Update covers several topics.
We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a policyholder can assign to a non-policyholder a cause of action for first-party bad faith.
The Delaware Supreme Court is the latest
Read MoreOctober 31, 2022 |
Southern District Finds That Insured’s Owner And CEO Not Entitled To SUM Coverage Because Not Acting In Scope Of His Duties For Insured
Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists (“SUM”) coverage for any
Read MoreOctober 24, 2022 | Robert Tugander | Greg E. Mann |
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update.
And in honor of the month’s most treasured sporting event, the Fall Classic, we roll out a lineup of nine sluggers that will bring you up to date on what’s happened in the world
Read MoreOctober 11, 2022 | Michael J. Heller | Matthew V. Spero | Lawrence S. Han | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry
- A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an
September 29, 2022 |
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend
Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an exclusive floor installation contractor. The Agreement required that Surfacesys list Stoncor as an insured on its insurance. The Agreement was returned to Stoncor via fax purportedly
Read MoreSeptember 21, 2022 |
Some important insurance decisions were handed down over the past month.
We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the Ohio Supreme Court found that the opioid suits were not brought “because of bodily injury.” A week earlier, the
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