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Results: 1-10 of 123

First Circuit: no coverage for false arrest suit where arrest and conviction occurred prior to the policy period
  • Locke Lord LLP
  • USA
  • August 4 2009

The First Circuit recently upheld a trial court’s ruling that an insurer need not defend or indemnify the defendants in a wrongful conviction claim where the wrongful acts occurred prior to the policy period


New York federal court vacates prior order finding that arbitration must start anew
  • Locke Lord LLP
  • USA
  • July 30 2009

In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award


Insured bears burden of proving allocation of jury award between covered and non-covered claims unless insurer controls defense
  • Locke Lord LLP
  • USA
  • August 4 2009

The West Virginia Supreme Court recently answered the following question certified from the U.S. District Court in that state: Does the insured bear the burden of showing that a jury awarded damages for covered, as opposed to non-covered, claims when the answer is not clear from the award itself?


Federal court rules no coverage for Chinese drywall damages under homeowner’s policy
  • Locke Lord LLP
  • USA
  • June 7 2010

On June 3, 2010 Judge Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia found that a homeowner’s policy did not cover damages associated with Chinese manufactured drywall


Court holds coverage for Madoff suits excluded under policy’s insolvency exclusion
  • Locke Lord LLP
  • USA
  • June 8 2010

The US District Court for the District of Connecticut recently dismissed a customer suit against an insurer, based upon its determination that all of the underlying claims were excluded by the policy's Insolvency Exclusion


Federal court in Ohio recognizes cause of action for insurer bad faith outside claim handling context
  • Locke Lord LLP
  • USA
  • June 8 2010

"Although Ohio courts have generally found independent tort liability only in cases of improper processing and handling of claims," the U.S. District Court for the Northern District of Ohio held that a claim predicated on an insurer’s failure to refund unearmed premiums can support an independent claim for bad faith


Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not
  • Locke Lord LLP
  • USA
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2


Iowa Supreme Court upholds denial of coverage to life insurer for failure to disclose applicants’ HIV positive status
  • Locke Lord LLP
  • USA
  • June 7 2010

In Farm Bureau Life Insurance Co. v. Chubb Custom Insurance Co. et al., the Iowa Supreme Court affirmed the district court’s ruling that Farm Bureau was not entitled to liability coverage in its disputes with two applicants that were HIV positive


Madoff fallout extends to insurance coverage
  • Locke Lord LLP
  • USA
  • July 15 2010

In addition to the panel on class actions (which we blogged about here), we attended an interesting panel this morning about a less publicized outgrowth from the Madoff litigation -- insurance coverage litigation


Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered
  • Locke Lord LLP
  • USA
  • July 2 2010

Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902