Buell Industries, Inc. vs. Greater Mutual New York Insurance Company
Year: 2000
Court: Connecticut Supreme Court
Case Number: SC 16464
Issue:
  • CERCLA
State:
  • Connecticut

Under the Comprehensive Response, Compensation, and Liability Act, (CERCLA) payments for environmental remediation or “clean up” costs constitutes “damages” and should be compensable under liability insurance policies.
Boston Gas vs. Certain Underwriters at Lloyds, London, et. al.
Year: 2006
Court: U.S. Court of Appeals, 1st Circuit
Case Number: 07-1452
Issue:
  • Allocation
State:
  • Massachusetts

Coverage for continuous injury when multiple policies cover the loss. The Court should adopt the position that joint and several liability should be imposed against insurance companies for damages arising from an ongoing injury. The only way the policyholder can enjoy the security it purchased…
Board of Education of Township High School District No. 211 vs. International Ins. Co.
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 3
Case Number: 98-0084
Issue:
  • All Risk Policies
State:
  • Illinois
Board of Directors Metro Wastewater vs. Nat’l Union Fire
Year: 2003
Court: Colorado Supreme Court
Case Number: 03 SC 846
Issue:
  • Late notice
State:
  • Colorado

Whether insurer can deny claim based on late notice without showing of prejudice.
Blue Ridge v. Jacobsen
Year: 2000
Court: California Supreme Court
Case Number: 98-55052
Issue:
  • Duty to Defend
State:
  • California

Letter brief requesting rehearing–scope of duty to defend
Birth Center vs. St Paul Companies, Inc
Year: 1999
Court: Pennsylvania Supreme Court, Middle District
Case Number: Nos. 25, 26, 27 & 28 M.D. Appeal Dkts. 2000
Issue:
  • Refusal to Settle
State:
  • Pennsylvania

Payment of an excess verdict does not extinguish the insurer’s bad faith refusal to settle under Pennsylvania law.
Bi-Economy Market, Inc. vs. Harleysville Insurance Company of New York
Year: 2006
Court: New York State Court of Appeals
Case Number: Monroe County Index. No. 2004-11840, Appellate Division Index Case No. CA 06-00847
Issue:
  • Breach of Contract
  • Consequential Damages
State:
  • New York

The policyholder sought consequential damages for the loss of its business as a result of the insurance company’s refusal to make timely payment . The trial court refused to award consequential damages. United Policyholders argued that such damages are routinely awarded in breach of contract…
Berthelot et al. vs. Boh Brothers Construction Co. L.L.C. et al
Year: 2006
Court: U.S. District Court, Louisiana Eastern District
Case Number: 05-4182 section "K"(2)
Issue:
  • Anti-Concurrent Causation Clause
State:
  • Louisiana

The anti-concurrent causation language upon which Defendants rely has already been deemed ambiguous as a matter of law by another Federal Court addressing similar arguments raised by Defendants. Tuepker v. State Farm Fire and Cas. Co., 2006 WL 1442489 (S. D. Miss.). Furthermore, Defendants’ position…
Benoy Motor Sales, Inc. vs. Universal Underwriters Insurance Company
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 1
Case Number: 96-0536
Issue:
  • Loss Mitigation
State:
  • Illinois

Loss Mitigation; Indemnity v. Defense; PRP letters as suits
Delgado vs. Interinsurance Exchange of the Automobile Club of Southern California
Year: 2007
Court: California Supreme Court
Case Number: S155129
Issue:
  • Duty to Defend
State:
  • California

This case concerns the proper scope of an insurer’s duty to defend its insured in circumstances indicating that the insured may have acted in self-defense. United Policyholders takes the position that whenever the lawsuit contains factual allegations or extrinsic evidence from which the insurer can…
DeBruyn vs. Superior Court (Farmers Group, Inc.)
Year: 2007
Court: California Supreme Court
Case Number: S161000
Issue:
  • Insurance Code Section 530
  • Proximate Cause
State:
  • California

DeBruyn presents a critical issue regarding the rule of efficient proximate cause and Insurance code section 530 in the aftermath of this Court’s opinion in Julien v. Hartford Underwriters Insurance Company (2005) 35 Cal.4th 747. It is important for this Court to grant the petition…
Davis vs. Ford Motor Credit Company
Year: 2009
Court: California Supreme Court
Case Number: S179049
Issue:
  • Standing
State:
  • California

Resolves the important question of what standard should apply when a consumer (as opposed to a business) brings a claim challenging an alleged “unfair” business practice in violation of the Unfair Competition Law, Business and Professions Code section 17200, et seq. (“UCL”) This brief was…
Davaloo vs. State Farm Insurance Company
Year: 2004
Court: California Supreme Court, 2nd District, Division 7
Case Number: B171352
Issue:
  • Sufficiency of pleadings
State:
  • California

The Davaloo opinion is a pleading case arising out of a property insurance dispute. The opinion concerns whether or not an original complaint contained sufficient factual allegations such that an amended complaint would timely relate back.
Dart Industries vs. Commercial Insurance Co.
Year: 1999
Court: California Supreme Court
Case Number: S096518
Issue:
  • Use of secondary evidence to prove coverage
State:
  • California

Opposing a Court of Appeal Decision, UP urged that insureds (including holocaust victims) who do not have copies of their original policies be allowed to offer “secondary evidence” of lost documents to prove the existence of the policies themselves.
Dana Corp. vs. Hartford Accident and Indemnity Co., et al.
Year: 1996
Court: Indiana Court of Appeals
Case Number: 17171-6-II
Issue:
  • Coverage
State:
  • Indiana
Cundiff, Jean vs. State Farm Automobile Insurance Company
Year: 2006
Court: Arizona Supreme Court
Case Number: Supreme Court of Arizona, No. CV-07-0057-PR, Court of Appeals No. 2 CA-CV 2005-0209, 213 Ariz. 541, 145 P. 3d 638 (App. 2006)
Issue:
  • UIM-offset
State:
  • Arizona

Under Arizona law, an insurer should not be allowed to use the “off-set” clause in the underinsured motorist (UIM) coverage in order to reduce the amount of UIM benefits paid to its policyholder by the amount of benefits the policyholder received from a workers’ compensation…
Culhane and Turbak vs. Western National Mutual
Year: 2004
Court: Supreme Court South Dakota
Case Number:
Issue:
  • Auto insurance
State:
  • South Dakota
County of San Diego v. Cigna Property and Casualty Company
Year: 2002
Court: California Court of Appeal, 4th District, Division 1
Case Number: D038707
Issue:
  • Coverage
State:
  • California

Duty of insurance company to cover claims not specifically addressed by court. Companion case to Ace Property.