Minnesota Supreme Court Limits Insurers’ Extracontractual Liability: An Insured’s Recovery of “Proceeds Awarded†for Insurer’s Unreasonable Denial of Benefits Must Consider Policy Limit
In Wilbur v. State Farm Mutual Automobile Insurance Co., No. A15-1438 (Minn. April 5, 2017), the Minnesota Supreme Court greatly limited the insured’s recovery under the First-Party Bad Faith SMassachusetts Ruling Costs Plaintiff More Than $4 Million in Bad-Faith Litigation Lawsuit: Post-Judgment Interest Not a Factor in Punitive Damages Calculations
In Anderson et al. v. National Union Fire Insurance Company of Pittsburgh PA & Others, the Massachusetts Supreme Judicial Court held that post-judgment interest should not be factored into a punitMassachusetts Ruling Costs Plaintiff More Than $4 Million in Bad-Faith Litigation Lawsuit: Post-Judgment Interest Not a Factor in Punitive Damages Calculations
In Anderson et al. v. National Union Fire Insurance Company of Pittsburgh PA & Others, the Massachusetts Supreme Judicial Court held that post-judgment interest should not be factored into a punitMust an Additional Insured Have a Written Contract With the Named Insured to Get Coverage? It Depends Which Court You Ask
There is a growing list of trial court decisions in New York where the courts disagree of whether an additional insured endorsement to an insurance policy requires a written contract between the additMassachusetts’ Highest Court Rejects Targeted Tenders
Only three states have adopted the “targeted tender†rule. Massachusetts recently had the chance to join those ranks, but it firmly declined. The concept of “targeted tender†oMassachusetts’ Highest Court Rejects Targeted Tenders
Only three states have adopted the “targeted tender†rule. Massachusetts recently had the chance to join those ranks, but it firmly declined. The concept of “targeted tender†oMutually Exclusive Polices Found to Share Defense Obligation
When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes claims arising out of the use of an auto will have no obligation to share with the aMutually Exclusive Polices Found to Share Defense Obligation
When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes claims arising out of the use of an auto will have no obligation to share with the aMaryland Joins the Rising Tide of States in Placing Limits on the Scope of Additional Insured Coverage
Maryland, home of the Chesapeake Bay, brings to mind the aphorism, “A rising tide lifts all boats.†Therefore, it should come as no surprise that Maryland has joined the rising tide of staMoney Trouble: Some Health Insurance CO-OPs in Financial Trouble
Much of the focus on health insurers under the Affordable Care Act (ACA) has centered on larger health insurance companies. In an effort to expand the number of health plans available to the public, tMoldy Water Keep on Rollin’: Mold Exclusion Does Not Apply to Claims Based on Mold-Infested Water
In Acuity v. Reed & Associates of Tennessee, LLC, 2015 U.S. Dist. LEXIS 109412 (W.D. Tenn. August 19, 2015), the United States District Court for the Western District of Tennessee determined thatMalicious Prosecution and Trigger of Occurrence Based Coverage
In Selective Ins. Co. v. RLI Ins. Co., 2015 U.S. Dist. LEXIS 90572 (N.D. Ohio July 13, 2015), a coverage dispute arose after an individual who, following his exoneration from a criminal convictionMississippi District Court Finds Other Insurance Provisions Cancel Each Other Out
In EMJ Corp. v. Hudson Specialty Ins. Co., (2015 U.S. Dist. LEXIS 29781, 14-15, N.D. Miss. Mar. 11, 2015) the plaintiffs, EMJ Corporation and Westchester Fire Insurance Company, brought this declaratoMassachusetts Proposes Amendments to Its Annuity Suitability Regulation
Massachusetts has proposed amendments to its Consumer Protection in Annuity Transactions Regulation with the intent of improving consumers’ understanding of annuity products for which recommendMidland Life Insurance Company Pays $1.3 Million to California Department of Insurance for Improper Annuity Sales
The recent 13 million dollar settlement between Midland National Life Insurance Company (“Midlandâ€) and the California Insurance Department based upon Midland’s inappropriate salesMeth Is Not “All Naturalâ€: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits
In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Starâ€) issued a commercial lines policy to DriveMetLife Files First Challenge to SIFI Designation
MetLife is challenging its designation as a nonbank systemically important financial institution (SIFI). Dodd-Frank created the Financial Stability Oversight Council (FSOC) which comprises the heads oMissouri High Court Allows Excess Insurer To Proceed with Bad Faith Refusal to Settle Claim Against Primary Insurer
In Scottsdale Insurance Co. v. Addison Insurance Co., No. SC93792, 2014 Mo. LEXIS 335 (Mo. Dec. 9, 2014), the Supreme Court of Missouri reversed the trial court’s grant of summary judgment in fMinnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions
This insurance coverage action stemmed from an underlying motor vehicle accident where Arnold Paster’s vehicle (driven by Paster and owned by Paster Enterprises) collided with Jerome G. WindâMeet The Experts
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