Insurance Law

Decision

Arrowood Indemnity Co. v. King

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Monday, December 24, 2012

A negligent entrustment claim may arise under the policyholders' homeowners' insurance policy at the site of the injury-causing accident, as opposed to the location where the item allegedly was negligently entrusted or was housed.

Decision

Laugeni v. St. Paul Fire & Marine Insurance Co.

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Monday, December 17, 2012

An insurance policy that excludes damages for "loading or unloading" "any auto" can provide an exception for "bodily injury" or "property damage" that results from parking an auto, and the exception will not be construed to be restricted to valet parking, absent explicit language.

News

Pro Bono Lawsuit Filed Against Insurance Company For Damages From Fire

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Tuesday, December 4, 2012  |  by JAY STAPLETON

As many storm-battered policy holders are beginning to realize in the wake of Hurricane Sandy, nothing is easy when it comes to resolving insurance claims.

Insurance Coverage and Bad Faith Litigation

Monday, November 26, 2012

Sandy, Irene and the standard flood insurance policy; faulty workmanship: courts becoming less likely to draw distinction between 'product' and 'process'; insuring businesses against catastrophic losses; breach of contract

Decision

Shaffer v. Mindell

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Monday, November 26, 2012

A defendant tortfeasor who alleges that a phantom driver caused the subject injury can file an apportionment complaint against the plaintiff's motor vehicle insurance carrier.

News

Breach Of Contract A Bar To Insurance Coverage?

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Wednesday, November 21, 2012  |  by EDWIN L. DOERNBERGER and ASHLEY R. SAUVE

A storm may be a-brewing on the insurance coverage front. Recent case law from Texas indicates a shifting pattern in court decisions that could have disastrous consequences for insureds. Certain courts in Texas have interpreted the contractual liability exclusion in a general liability policy to preclude coverage when breach of contract is alleged in the underlying complaint.

News

Insuring Businesses Against Catastrophic Losses

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Wednesday, November 21, 2012  |  by DAVID G. JORDAN

When natural disaster strikes, an insurance policy can be the single most important document to the economic future of a business. Adequate protection against the potential (or likelihood) of catastrophic losses is not simply a matter of purchasing an insurance policy and stowing it away in a drawer or filing cabinet, only to pull it out and dust it off when a loss occurs.

News

The Faulty Workmanship Exclusion

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Wednesday, November 21, 2012  |  by KIP DWYER and J. TYLER BUTTS

Builder's risk and other first-party coverages have traditionally excluded loss or damage caused by "faulty workmanship." A principal point of contention in litigation over this exclusion has been whether the exclusion applies to loss or damage caused by a finished product (damage to a desk when a poorly made ceiling falls on it) or the process of workmanship (damage to a windowsill during the process of repairing the window), or to both. In light of recent decisional law, courts appear less inclined to draw a distinction between process and product as a way of limiting the reach of the "faulty workmanship" exclusion.

News

Sandy, Irene And the Standard Flood Insurance Policy

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Wednesday, November 21, 2012  |  by RYAN M. SUERTH

At a time when some Connecticut shoreline residents are still dealing with their flood insurance claims resulting from Hurricane Irene, Hurricane Sandy has reinforced the need for a greater understanding of the Standard Flood Insurance Policy ? a policy created by our United States government.

Decision

Union Street Furniture and Carpet Inc. v. Peerless Indemnity Insurance Co.

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Monday, November 19, 2012

An insurance policy that excludes coverage for "surface water" may not exclude coverage for damages from rainwater on the roof of a building, because water on the roof does not qualify as "surface water."