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Louisiana insureds petition the U.S. Supreme Court to review a Fifth Circuit decision vacating that portion of Katrina-related judgment that awarded penalties, damages and attorneys’ fees based on an insurer's alleged bad faith
  • Locke Lord LLP
  • USA
  • October 26 2009

On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith


Sixth Circuit finds court order requiring insurer to produce privileged documents not clearly erroneous
  • Locke Lord LLP
  • USA
  • October 23 2009

The Sixth Circuit recently denied an insurer’s petition for a writ of mandamus to vacate a discovery order compelling the production of information which the insurer argued was protected from discovery by the work-product andor attorney-client privileges


New York Court of Appeals determines that the prior knowledge exclusion applies under Pennsylvania law where insured has knowledge of a client's wrongful conduct that is likely to result in a claim against the insured
  • Locke Lord LLP
  • USA
  • October 26 2009

The New York Court of Appeals recently overturned an Appellate Division decision denying excess insurers summary judgment based on prior knowledge exclusions contained in professional liability policies issued to the insured law firm


California Supreme Court: assault committed in self-defense is not an “accident"
  • Locke Lord LLP
  • USA
  • October 29 2009

The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an "accident" and therefore did not meet a CGL policy’s definition of a covered "occurrence."


NY appellate court: insurer’s disclaimer timely and proper despite lack of prejudice resulting from insured’s late notice of claim
  • Locke Lord LLP
  • USA
  • July 22 2009

On July 10, 2009, the appellate division reversed the motion court’s ruling in Sevenson Envtl. Serrvices, Inc. v. Sirius Am. Ins. Co., Case No. 0226008 (4th Dept.), and held that (1) the insured’s 15-month delay in providing notice of the claim was unreasonable as a matter of law; (2) the insurer need not prove that it was prejudiced by the insured’s untimely notice to disclaim coverage; and (3) the insurer’s disclaimer of coverage on late notice grounds 24 days after receiving notice of the claim was timely as a matter of law


Connecticut Appellate Court affirms award of summary judgment in favor of title insurer and finds policy exclusion applies and insurer did not breach the covenant of good faith and fair dealing
  • Locke Lord LLP
  • USA
  • November 2 2009

In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community


Katrina: Mississippi Supreme Court finds that an anti-concurrent causation clause in a homeowners’ insurance policy does not exclude coverage for loss separately caused by wind and water
  • Locke Lord LLP
  • USA
  • November 2 2009

On October 8, 2009, the Mississippi Supreme Court issued its highly anticipated decision in Corban v. USAA Insurance Company, holding that the anti-concurrent causation ("ACC") clause in a homeowners’ insurance policy is inapplicable where both wind and water did not act in conjunction in causing Katrina-related damages


Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment
  • Locke Lord LLP
  • USA
  • November 3 2009

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award


Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage
  • Locke Lord LLP
  • USA
  • November 2 2009

A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage


Missouri Appellate Court affirms no duty to defend based on allegations of complaint even if allegations groundless
  • Locke Lord LLP
  • USA
  • November 2 2009

In Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of America, No. ED 91441 (Mo.App.E.D. Aug. 11, 2009), a Missouri Appellate Court declined to consider any findings made by the court in an underlying matter in its analysis of whether a policy exclusion applied and precluded coverage