Another Nail in the Junk Fax Coffin: Wisconsin Joins Illinois, California, Michigan, and Oklahoma in Finding No Coverage for TCPA Suits
The Wisconsin Court of Appeals held in a recent decision that a standard TCPA exclusion precludes coverage for all causes of action brought by the plaintiff that emanated from the unauthorized sendingA Sporting Retailer’s Bid for Coverage Gets Punted by the Ninth Circuit
The Ninth Circuit recently handed down a decision holding that insurers did not have a duty to defend their policyholder, a sporting goods retailer, in several ZIP code class action lawsuits. TheAttorney-Negotiated Medical Discounts Reduce Tort Victim’s Recovery
The Louisiana Supreme Court has issued the first ruling from a state’s highest court on the issue of whether a tort victim’s potential recovery in a lawsuit is diminished when her attornAnother Victory for Insurers Relying on IP Exclusions
Pinnacle Brokers Insurance Solutions LLC v. Sentinel Insurance Co, Ltd., No. 15-cv-02976-JST, 2015 U.S. Dist. LEXIS 117299 (N.D. Cal. Sept. 2, 2015), arose out of a lawsuit filed by Granite Profession“It Wasn’t Me, It Was Lil Johnny!†Wisconsin District Court Holds Third-Party Publication Triggers Prior Publication Exclusion
In Design Basics LLC v. J & V Roberts Investments, Inc., No. 14-cv-1083-JPS, 2015 U.S. Dist. LEXIS 121372 (E.D. Wis. Sept. 11, 2015), the United States District Court for the Eastern District of WA Different Track: Mississippi Supreme Court Affirms Voiding of Auto Policy for Failure to Disclose 16-Year Old Son
Contrary to many states, which are reluctant to void automobile policies, the Mississippi Supreme Court in Jones v. Safeway Insurance Company, Case No. 2014-CA-00180-SCT, 2015 Miss. ELXIS 456 (Sept. 3A Line Drawn in the Soil: Jeep is Not a “Farm Implement†Under Farm Policy
The U.S. District Court for the Southern District of Illinois applied the “eight-corners†rule to determine that insurer had no duty to defend or indemnify insured in Elmore v. Grinnell MuAccommodations for Contraception Coverage Exemptions Replace Subsidies As The ACA Story of the Week
In recent months, the main event in the challenges against the Affordable Care Act centered on the subsidies provisions in the ACA. The Supreme Court decided this matter in King v. Burwell. In July 20Are You My Agent? Insured’s Notice to Broker Deemed Sufficient
In First Chicago Insurance Company v. Molda and Wilson, 2015 IL App. (1st) 140548, First Chicago appealed an adverse verdict finding that it had a duty to defend its insured in the underlying lawsuit.A Continuing Trend of Illinois State Courts Finding Trigger for Malicious Prosecution is Initiation of Prosecution — Not Termination of Proceedings
On April 21, 2015, we wrote about the Illinois Appellate Court Second District’s decision in Indian Harbor Insurance Co. v. City of Waukegan, 2015 IL App (2d) 140293 (Mar. 6, 2015). There, theAnti-Concurrent-Causes Clause Bars Coverage When One Cause is Excluded
In JAW The Pointe, L.L.C., v. Lexington Ins. Co., 2015 WL 1870054 (Tex. April 24, 2015), the Texas Supreme Court found an insurer did not violate the Texas Insurance Code and the Texas Deceptive TradeAD&D Policy Beneficiaries’ Recovery Limited To Death Benefits — No Recovery for Dismemberment Injuries Leading To Death
In Malbrough v. Kanawha Insurance Co., 2015 U.S. Dist. LEXIS 48394 (W.D. La. Apr. 9, 2015), the U.S. District Court for the Western District of Louisiana was asked to determine the benefit payable toAfter Hours: New Jersey Superior Court Holds Definition of Employee and Exclusion for Employee’s Criminal Acts Both to be Unambiguous
In Union Hill Supremo Pharmacy v. Franklin Mut. Ins. Co., No. L-705-13 (N.J. Super. Ct. App. Div., March 4, 2015) the Superior Court of New Jersey, Appellate Division decided that an insurance policy“Manifest Intentâ€: First Department Finds Issue of Fact Regarding Whether Fidelity Bond Covers Keybank for Employee’s Diversion Scheme
In Keybank National Association v. National Union Fire Ins. Company of Pittsburgh, PA, an interesting decision was issued by the New York Appellate Division, First Department recently in which tArizona Appellate Court Refuses To Vitiate the Attorney-Client Privilege When Insurer Does Not Advance Defense Based on Advice of Counsel
In Everest Indemnity Insurance Co. v. Rea, 2015 Ariz. App. LEXIS 9 (Ariz. Ct. App. Jan. 15, 2015), an Arizona appellate court held that Everest Indemnity Insurance Company (“Everestâ€) hadAbuse of Discretion Where Insurer Failed to Consider “Similar Income†Requirement
George v. Reliance Std. Life Ins. Co. 5th Cir., Jan. 15, 2015 In the appeal of an ERISA disability benefits denial, the Fifth Circuit found an abuse of discretion where the insurer failed to conside“Test Drive†Ambiguous
In Exotic Motorcars and Jewelry, Inc. v. Essex Insurance Co., a Florida appeals court found the trial court interpreted material policy terms too narrowly in denying coverage of the vehicle collisionAccidental Death Benefits are Payable Drowning, Even if Seizure Involved, was Cause of Death
In Chanthavong v. Union Security Ins. Co., (11/04/2014), the deceased, Corey Carter, was found in April of 2012, having accidentally drowned in his bathtub. Carter held a group life insurance polic“Excess†Clause Trumps “Pro-Rata†Clause in Colorado Other Insurance Dispute
Travelers Home and Marine Insurance Company (Travelers) brought a declaratory judgment action against Central Mutual Insurance Company (Central) claiming that it contributed more than its required shaMeet The Experts
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