Month: December 2013
Cases for Reinsurance Review – December 2013 Edition
Cases provided courtesy of LexisNexis.
ALLSTATE INSURANCE CO. V. ONEBEACON AMERICAN INSURANCE CO.
AMLIN CORPORATE MEMBER LIMITED AND OTHERS V. ORIENTAL ASSURANCE CORPORATION
BEAZLEY UNDERWRITING LIMITED AND OTHERS V. AL AHLEIA INSURANCE COMPANY AND OTHER COMPANIES
CONTINENTAL INSURANCE COMPANY V. ROCKWELL COLLINS, INC.
EQUITAS LIMITED V. WALSHAM BROTHERS & COMPANIES LIMITED
IN RE REHAB. OF: SEGREGATED ACCOUNT OF AMBAC ASSUR. CORP.
ONEBEACON AMERICA INSURANCE CO. V. COLGATE-PALMOLIVE COMPANY
SENECA INSURANCE CO. V. EVEREST REINSURANCE CO.
TEAL ASSURANCE COMPANY LIMITED V. W R BERKLEY INSURANCE (EUROPE) …
Continue ReadingLate Night Fiesta Leaves Restaurant Holding the Bag
The plaintiff, Mount Vernon Fire Insurance Company (Mount Vernon), sought a declaration that it was not required to handle or pay a certain insurance claim. The dispositive issue before the court is whether the insured, El Rancho De Pancho LLC (El Rancho De Pancho), violated the terms of its agreement with Mount Vernon on October 9, 2011, giving rise to the injury upon which the insurance claim in question is based. The parties’ dispute in the instant action, is rooted in the following warranties: the …
Continue ReadingNo Leaks in This Defense: Carrier Obtained Summary Judgment Regarding Coverage for Gasoline Pipe Leakage
In a dispute surrounding an installation contract between a policyholder and the thirty-party plaintiff, the insured was alleged to have negligently installed a gasoline pipe leading from a gasoline holding tank to a marina on the third-party plaintiff’s property where gasoline was sold. Specifically, it was alleged that the gas pipe was not buried deeply enough and that it used improperly large backfill material. The pipe leaked approximately 500 gallons of gasoline, causing property damage. The policyholder sought coverage from its insurers. One insurer moved …
Continue ReadingIn Motor Vehicle Accident, Insurer of Vehicle Owner Owes Primary Coverage Despite “Other Insurance” Provisions
In October 2008, Jayme Lynn Jones, an employee of Hook & Anchor (H&A) was involved in a collision with Alexander Kosaka while Jones was driving a truck owned by Chemical Weed Control, Inc. (Chemical Weed). American States Insurance Company (American) insured H&A. ACE American Insurance Company (ACE) insured Chemical Weed. American tendered the defense of H&A in the ensuing litigation to ACE, which ACE denied.
American defended H&A, and subsequently commenced this declaratory judgment action seeking defense costs and attorneys’ fees and a declaration that …
Continue ReadingCaseWatch: Insurance December 2013 Edition Now Available
Please click here for the latest edition of CaseWatch: Insurance.
CaseWatch: Insurance provides timely summaries of and access to insurance law decisions and legislation. For ease of reference, we have organized cases by topic. CaseWatch is the collaborative effort of Goldberg Segalla’s Global Insurance Services Practice Group. We appreciate your interest and welcome your feedback. Please share this publication with your colleagues.
If you would like to receive future editions of CaseWatch: Insurance directly by email, please contact Sarah Delaney at [email protected].…
Continue ReadingCases for the December 2013 Edition of CaseWatch
The below cases correspond with the December edition of CaseWatch: Insurance and the analysis of each case. Click here for access to the newsletter. Cases are provided courtesy of LexisNexis.
ACE European Group, Ltd. v. Abercrombie & Fitch Co.
Agrakey Solutions, LLC v. Mid-Continent Cas. Co.
Am. Prof’l Risk Servs., Inc. v. Gotham Ins. Co.
Anderson Bros. v. St. Paul Fire & Marine Ins. Co.
Axis Insurance et al. v. Buffalo Marine
Cava v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA.,…
Continue ReadingProfessional Liability Monthly – December Edition is Now Available
Featured headlines in this edition of Professional Liability Monthly:
- No Breach of Fiduciary Duty Where the Plaintiff Alleged That the Defendant Insurance Agency Procured an Inadequate Policy
- Disclosure of Medical Records From Patients Other Than the Plaintiff Denied by Court
- Improper Reference to Smoking History in Medical Malpractice Case Leads to New Trial
- Expert Gastroenterologist Should Have Been Permitted to Testify as to Causation
- Dispute Over Date of Discovery of Actionable Harm Prevents Defendants From Obtaining Summary Judgment
- A Defendant’s Counterclaim Alleging Legal Malpractice