Advance Watch Company, Ltd. vs. Kemper National Insurance Company
Year: 1996
Court: U.S. Court of Appeals, 6th Circuit
Case Number: No. 95-1367/1387
Issue:
  • Advertising Injury
  • Trademark Infringement
State:
  • Michigan

Trademark infringement claims should be covered under standard form advertising injury policy.
ACE American Insurance Company vs. Underwriters at Lloyds and Companies, et al.
Year: 2007
Court: Pennsylvania Supreme Court
Case Number: No. 45 EAP 2008
Issue:
  • Errors and Omissions
State:
  • Pennsylvania

Errors and Omissions, or “E&O” insurance. If an insurance company attempts to avoid its coverage obligations under a claims-made policy due to “late notice,” the insurance company must bear the burden to prove that notice was late, just like under an occurrence policy. Even when…
AAA Disposal Systems, Inc. and BFI Waste vs. Aetna
Year: 2003
Court: Supreme Court of Illinois
Case Number:
Issue:
  • Late notice
State:
  • Illinois

Late notice; all sums; joint and several; allocation
401 Fourth Street Inc. vs. Investors Insurance Group
Year: 2003
Court: Pennsylvania Supreme Court
Case Number: No. 270 MAP 2003
Issue:
  • Coverage
State:
  • Pennsylvania

Since the term “collapse” in the policy is ambiguous and connotes only a substantial impairment of a building’s structural integrity, there must be coverage for “imminent collapse” Court quotes UP’s brief.
2130 Leavenworth Homeowners Association vs. State Farm Insurance Company
Year: 2005
Court: California Supreme Court
Case Number: A109367
Issue:
  • Duty to Defend
State:
  • California

Request for Rehearing–UP argued that the Court of Appeal improperly ignored the State Farm policy language obligating the insurer to defend both claims and suits. By ignoring this language the First District violated the rule in California that “insurance contracts are construed to avoid rendering…
Belt Painting v. TIG Insurance Company
Year: 2002
Court: New York State Court of Appeals
Case Number: 18328/00
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

New York State law should limit the application of ISO’s standard-form pollution exclusions to industrial pollution of the environment and it should not be applied to avoid liability for routine premise/operations claims.
Baugh Construction Company vs. Granite State Insurance Company
Year: 1996
Court: California Court of Appeal, 3rd District
Case Number: C023071
Issue:
  • Bad Faith
State:
  • California

Under New Jersey law, the obligation of good faith and fair dealing extends to the assertion, settlement and litigation of contract claims
Basich vs. Allstate Insurance Company, et al.
Year: 2000
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B132634, LASC Case No. BC 167194
Issue:
  • Statute of Limitations
State:
  • California

Statute of Limitations-equitable estoppel
Barber, James vs. Unum Life Insurance Company of America
Year: 2003
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 03-4363
Issue:
  • ERISA
State:
  • Pennsylvania

ERISA should not preempt state insurance laws.
Banerji, Julian vs. John Hancock Life Insurance and Unum Provident
Year: 2003
Court: Massachusetts Supreme Court
Case Number:
Issue:
  • Exclusions
State:
  • Massachusetts
Ballard vs. Farmers Insurance Group
Year: 2001
Court: Texas Court of Appeals
Case Number:
Issue:
  • Bad Faith
State:
  • Texas

Insurance nullification by litigation; bad faith
Avery, Michael E. et al. vs. State Farm Mutual Automobile Insurance Company
Year: 2004
Court: Illinois Supreme Court
Case Number: 91494
Issue:
  • Unfair Trade Practices
State:
  • Illinois

Insurers should not be able to use after market parts when policy calls for restoring vehicle to pre-loss condition. Class actions are the most judicially efficient method of resolving such unfair practices. McCarran Ferguson does not pre-empt a state’s ability to regulate such conduct. UPdate…
AstenJohnson Inc. vs. Columbia Casualty Company and Fireman’s Fund Insurance Companies
Year: 2007
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 07-2305
Issue:
  • Asbestos
State:
  • Pennsylvania

Policyholders should have the right to select the policies under which they seek coverage, without fear of prejudice to any Laches or Course of Performance Argument. Courts should not hamstring a policyholder’s efforts to obtain evidence of custom and usage in the insurance industry, particularly…
A-One Oil Company vs. The Massachusetts Bay Insurance Company
Year: 1997
Court: New York State Court of Appeals
Case Number: 95-4397
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private residence. Exclusion, as applied does not meet reasonable expectations of insured.
Anderson, Thomas vs. Allstate Insurance Company
Year: 2000
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 01-15145, 01-15246, 01-15307 & 01-15330
Issue:
  • Mold
State:
  • California

Insurer cannot use toxic mold protection act to shield itself from bad faith liability in a claim regarding remediation of mold. /thorough investigation/legal treatises.
American Standard Insurance Company of Wisconsin, et al. vs. Honorable John E. Davis, Ballesteros, L&A, Real Parties in Interest
Year: 2007
Court: Arizona Supreme Court
Case Number: Case No. CV 08-0233-SA
Issue:
  • Auto insurance
State:
  • Arizona

Whether form in Spanish should be given to a Spanish speaker. When there are multiple forms available to insurance companies, as is the case here, the option to use one or the other should be made by the insured, not by the insurance company. Giving…
American Names Association Inc. vs. New York State Department of Insurance
Year: 2001
Court: Supreme Court of the State of New York
Case Number:
Issue:
  • Foreign Insurer
State:
  • New York

The need for a foreign insurer (Lloyds) to be licensed in New York State.
American Insurance Association vs. Garamendi
Year: 2003
Court: California Court of Appeal, 3rd District
Case Number: 45000
Issue:
  • "Use it and Lose it"
  • Claims and Cancellation
State:
  • California

Attempt to stop insurer’s from engaging in the practice know as “Use it and lose it.”