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June 14, 2010 Emerging Issues

US Supreme Ct Revives Dismissed Lawsuit Finding Cruise Ship Should Have Known That It Would Have Been Sued

Krupski v. Costa Crociere, S.p.A.

(U.S. Supreme Court, June 7, 2010)

Plaintiff Krupski made a mistake in failing to name Costa Crociere, even though it was aware of its existence. Rather, Krupski named “Costa Cruises” a related corporate entity that had a Florida address as its listing. Both the district court and the Court of Appeals for the Eleventh Circuit dismissed the action ruling that Krupski delayed filing an amended complaint against Costa Crociere and that its identity was clearly marked on …

January 11, 2010 Directors and Officers

Two Legal Malpractice Claims Against Former Stonewall Attorney Dismissed

Stonewall Corp. v. Conestoga Title Ins. Co. et al

(Southern District of New York, January 7, 2010)

Stonewall Corporation commenced a third-party action against its former attorney alleging he committed legal malpractice while providing it representation with respect to property rights in New Jersey. Stonewall claims that its attorney (1) failed to pursue certain legal actions, as well as failed to provide proper advice regarding related proceedings; (2) failed to convey a settlement offer; and, (3) failed to produce documents. The court dismissed …

January 5, 2010 Policy Conditions, Considerations, Construction, and Formation

District Court Held That Insurer Had No Duty To Defend And Indemnify Under A Coblentz Agreement

Sinni v. Scottsdale Ins. Co.

(United States District Court, Middle District of Florida, December 18, 2009)

This action arises out of a slip-and-fall suit that culminated in a “Coblentz agreement” between the parties binding the insurer to the terms of the agreement (i.e., where an insurer has wrongfully refused to defend its insured and there is coverage under the policy, the insurer may be bound by the terms of a negotiated final consent judgment entered against its insured. Coblentz v. Am. Sur. Co. …

December 11, 2009 Policy Conditions, Considerations, Construction, and Formation

Court of Appeals Affirms Decision For Insurer Holding Doctor’s Wife Was A Medical Assistant Under The Statute And Therefore Was Providing Professional Services Precluding Coverage Under The Professional Services Exclusion

The Estate of Steven Tinervin v. Nationwide Mutual Ins. Co.

(Florida Court of Appeals, Fourth District, November 25, 2009)

Plaintiff appealed an adverse declaratory judgment in favor of the insurer, wherein the trial court found that the professional services exclusion of a business owner’s policy excluded coverage for services performed by the doctor’s wife in filing, and making the doctor aware of lab reports, knowledge of which, would have changed his treatment strategies.

Specifically, the plaintiff brought a wrongful death action against the doctor, …

December 11, 2009 Uncategorized

Court of Appeals Affirms Decision For Insurer Holding Doctor’s Wife Was A Medical Assistant Under The Statute And Therefore Was Providing Professional Services Precluding Coverage Under The Professional Services Exclusion

The Estate of Steven Tinervin v. Nationwide Mutual Ins. Co.

(Florida Court of Appeals, Fourth District, November 25, 2009)

Specifically, the plaintiff brought a wrongful death action against the doctor, …

November 10, 2009 Uncategorized

CaseWatch: Insurance Cases for November 12, 2009 Edition

Download AmCal General Contractors, Inc. v. ACE USA Company

Download Bituminous Casualty Corp. v. Buckley

Download Brigitte v. National Life Ins. Co.

Download Bryant v. Hopkins

Download Century Indemnity Co. v. Certain Underwriters at Lloyd's London

Download Chehardy v. Allstate Ins. Co.

Download Colony Ins. Co. v. Peachtree Construction, Ltd.

Download Corban v. U.S. Automobile Assoc.

Download Esquivel v. Workers' Compensation Appeals Board and Corrections Corporation of America San Diego Detention

Download Estate of Bozeman v. Muller …

August 6, 2009 First Party Property

Eight Circuit Allows General Contractor’s First-Party Property and Bad Faith Claims to Proceed Against Hyatt’s Insurers

Weitz Company, LLC v. Lloyd’s of London

(8^th Cir. (Iowa) Aug. 4, 2009)

Hyatt retained the plaintiff firm to act as general contractor to build a luxury retirement community in Florida. Severe rains caused extensive water damage to the work site in June 2002. The contractor immediately took steps to repair the damage and, in November 2002, notified Hyatt representatives that it wished to submit a claim to their commercial property insurers, which covered all of Hyatt’s real and personal property. Hyatt notified its …

June 24, 2009 Class Actions

Fourth Circuit Dismisses Title Insurance Overcharge Class Action

Arthur v. Ticor Title Insurance Co. of Florida

(4^th Cir. [MD] June 18, 2009)

A class action was brought against Ticor Title Insurance Co. under the federal Real Estate Settlement Procedures Act for charging excessive rates for title insurance policies and sharing the money with agents during home refinancings. The action sought treble damages for the overcharges in addition to compensatory and punitive damages for violations of the federal law, as well as negligent misrepresentation and civil conspiracy under Maryland law.

Affirming the dismissal …

June 13, 2009 Life, Health, Disability & ERISA

Vermont Passes “Historic” Legislation Regulating The Stranger-Originated Life Insurance (STOLI) Market

Vermont became the latest state to regulate and provide firm disclosure guidelines regarding the selling and marketing of stranger-originated life insurance policies. This legislation is aimed at curbing the esclating schemes directed at seniors to part with their life insurance policies. Often times, seniors are not given the necessary information to make an informed decision regarding the positives and negatives in selling their life insurance policy. Florida and other states have already passed similar legislation.

Click here to Download Vermont.Stoli.Legislation

by Daniel W. Gerber and Kimberly E. Whistler

https://www.goldbergsegalla.com/attorneys/Gerber.html

https://www.goldbergsegalla.com/attorneys/Whistler.html…

June 10, 2009 Environmental

Chinese Drywall Insurance Coverage Litigation Begins

As claims mount and federal and state agencies have begun a quest to determine who is responsible for the Chinese drywall fiasco, insurance disputes regarding coverage for the claims are beginning to make their way through the courts. In March 2009, the first complaint regarding homeowner’s insurance for drywall claims was filed. Two Florida policyholders sued their homeowners’ insurer, seeking coverage for property damage resulting from Chinese drywall in their home. See Baker v. American Home Assurance Company, filed in the United States …