Eighth Circuit Confirms Focus on Global Settlement is Not Bad Faith
In Purscell v. Tico Insurance Co., the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of the insurer on a bad faith claim. The insured sued his motor vehicle carrier fEleventh Circuit: Failure to Give Notice of Time Limit to File Action Does Not Render Contractual Limitations Period Unenforceable
In Wilson v. Standard Ins. Co. (U.S. Ct. Apps., 11th Cir.) the claimant filed her lawsuit claiming long term disability benefits thirty-four months after the three-year contractual limitations periExceptional Circumstances are Required for Relief in a Claim for Bad Faith
In a favorable decision to insurers on the issue of bad faith, the New York Northern District was recently called upon to determine whether an insured under a Homeowner’s policy had stated a viEleventh Circuit Limits Court’s Consideration of Motion to Dismiss To the Complaint
In Twin City Fire Insurance Co. v. Hartman, Simons & Wood, LLP, 2015 U.S. App. LEXIS 6092 (11th Cir. Apr. 15, 2015), the U.S Court of Appeals for the Eleventh Circuit reversed a lower court rulingEighth Circuit Deems MCS-90 Endorsement Applicable To Subrogation Claims
The United States Court of Appeals for the Eighth Circuit confronted a case of first impression and decided that the MCS-90 endorsement for motor carriers requires a tortfeasor’s insurer to comEighth Circuit Holds Company Name is Not “Advertisement†Under Insurance Policy
On Thursday, March 26, 2015 the Eighth Circuit Court of Appeals defined the term ‘slogan’ in affirming a lower court’s decision that a company name that did not express position, sExcess Insurer May Recoup Settlement Payments from the Primary Insurer
In RSUI Indemnity Co. v. American States Insurance Co., No. 14-30033, 2014 U.S. App. LEXIS 18407 (5th Cir. Sept. 25, 2014), the Fifth Circuit Court of Appeals held no adjudicated excess judgment is reEight Million is More Than Enough: Sixth Circuit Orders Excess Insurer to Drop Down and Pay Insured’s Defense Costs
The United States Court of Appeals for the Sixth Circuit recently handed an $8 million defense bill to an excess insurer when the primary carrier denied coverage for an underlying liability claim andEighth Circuit Keeps the Faith: Utmost Good Faith Admiralty Insurance Rule Cannot be Pre-empted
Thursday July 17, Judge Murphy of the Eighth Circuit concluded that the doctrine of utmost good faith is a judicially established federal admiralty rule, thus preempting the application of state laws.Excess Carrier Has Equitable Subrogation Rights Against Primary Carrier For Not Settling Within Policy Limits
On September 19, 2007, claimant William Kelly was injured while descending a stairway in Hawthorne, California. Kelly sued F. H. Paschen, Inc., the general contractor for a construction project on theEnvironmental Coverage Report Winter 2014 is Now Available
Goldberg Segalla’s Environmental Coverage Report provides summaries of and access to the latest environmental coverage developments nationwide. Cases are organized by court and date. In additioEt Tu, Neighbor?: Multiple Carbon Monoxide Injuries in Apartment Complex Deemed A Single Occurrence
This environmental coverage action arises out of a carbon monoxide exposure and poisoning of multiple tenants in an apartment complex serviced by a gas boiler furnace located in the basement of the unExcess Insurer Required to Share Defense Costs Equally
This declaratory judgment action stems from a motor vehicle accident where claimants allege that the driver of a tractor-trailer struck and injured them. The plaintiff Old Republic Insurance Company (Eleventh Circuit Blows Away $4M Verdict in Hurricane Wilma Case
The Eleventh Circuit recently reduced a $4 million jury verdict to $1,600 after finding that the policyholder, a property management company, lacked an insurable interest in the ownership of the propeEnvironmental Testing Costs Not Part Of Indemnity Agreement
This environmental action involves the interpretation of the scope of an indemnity agreement involving the costs of environmental testing on property contaminated with percholorethylene (PCE) in a reaEmployee Exclusion Applies to “Statutory Employees†Even if Not Technically Employed by Additional Insured
The Eleventh Circuit recently held that a standard employee exclusion in a liability policy bars coverage to an additional insured where the injured claimant is a “statutory employee†of tExcess Carrier To Pay For Water Damages To Shopping Mall When Underlying Policy Is Exhausted
 This insurance coverage dispute stems from an underlying action concerning the allegedly negligent work by a concrete subcontractor during a shopping mall expansion project.  The property insurEnvironmental Coverage Quarterly Summer 2013 is Now Available
Goldberg Segalla’s Environmental Coverage Quarterly provides summaries of and access to the latest environmental coverage developments nationwide, and is published quarterly. Cases are orExcess Insurers Avoid Covering JP Morgan for Ponzi Losses
JP Morgan Chase & Co. v Indian Harbor Ins. Co.(N.Y. App. Div. 1st Dep’t June 12, 2012) On June 12, 2012 the Appellate Division of the New York Supreme Court, First Department, ruled that aMeet The Experts
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