Glidden Company vs. Lumbermans Mutual Casualty Company, et al.
Year: 2003
Court: Ohio Court of Appeals, 8th District
Case Number: 81782
Issue:
  • Coverage
State:
  • Ohio

This case addresses the availability of insurance coverage to corporate policyholders after corporate transactions. The insurance companies had argued that certain corporate transactions eliminate insurance coverage. The Ohio Court of Appeals disagreed in a significant opinion. They held that the insured was entitled to benefits…
Glanton (Alcoa) and Mackner vs. AdvancePCS Health, LP
Year: 2003
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 04-15328
Issue:
  • ERISA
State:
  • Arizona

Participants and Beneficiaries suing on behalf of an ERISA plan under 502(a) (2) should be able to seek money from the plan in the same manner as a fiduciary. Petition for rehearing.
Gilbert, Bill vs. Alta Health & Life Insurance and Great-West Life & Annuity Insurance
Year: 2001
Court: U.S. Court of Appeals, 11th Circuit
Case Number: 01-10829-GG
Issue:
  • ERISA
State:
  • Alabama

Scope of ERISA preemption after Unum Life Insurance v. Ward. United Policyholders argued that remedial state statutes regulate insurance and should not be pre-empted by ERISA.
George, Albert and Pearl, Karen Miller & Steven Jackson v. Guaranty National Insurance Company
Year: 1996
Court: Kentucky Supreme Court
Case Number: 96-SC-512-D
Issue:
  • Fairly Debatable Standard
State:
  • Kentucky

Insurance coverage; “fairly debatable” standard; reformation; bad faith; fiduciary duty; attorney-client privilege-standard of review
General Refractories Corp. vs. First State Insurance Company
Year: 2005
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 05-4708
Issue:
  • Commercial General Liability
State:
  • Pennsylvania

The issue on appeal in this case primarily impacts commercial policyholders. A lower court granted an insurer’s motion and dismissed a policyholder’s case because they did not sue every possible insurer that had even a remote connection to the underlying claim. If the holding is…
Gencorp Inc. vs. AIU Insurance Co.
Year: 2003
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 04-3244
Issue:
  • Environmental cleanup
State:
  • Ohio

Coverage for environmental cleanup should be consistent with insured’s reasonable expectations of coverage
Gamble Farm Inn, Inc vs. Selective Insurance Company
Year: 1994
Court: Pennsylvania Common Pleas Court, Lycoming County
Case Number: 92-01485
Issue:
  • Bad Faith
State:
  • Pennsylvania

Insured should have a reasonable expectation that the third party administrator (TPA) administering a claim has an obligation of good faith and fair dealing.
Gallagher Bassett Service Inc. vs. Jeffcoat, Charles, Jr.
Year: 2002
Court: Mississippi Supreme Court
Case Number: 98-TS-00192
Issue:
  • Insurance as Public Service
State:
  • Mississippi

Public service nature of insurance—duty of good faith and fair dealing
Fuller-Austin Insulation Company, f/b/o Fuller-Austin Asbestos Settlement Trust vs. Highlands Insurance Company, et al.
Year: 2004
Court: U.S. Supreme Court
Case Number: 06-94
Issue:
  • Duty to bankrupt policyholders
State:
  • United States

Insurer’s obligation to bankrupt policyholder post discharge. Asbestos case.
Foster-Gardner, Inc. vs. National Union Fire Insurance Company of Pittsburgh, PA
Year: 1996
Court: Court of Appeals, 2nd Appellate Division, California
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • California

PRP letters as suits; polluter’s exclusion
Foreign Car Center vs. Travelers Indemnity
Year: 1997
Court: United States District Court, Massachusetts
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • Massachusetts

Drafting history; polluter’s exclusions; expected or intended
Fluoroware, Inc. vs. Chubb Group of Insurance Companies
Year: 1995
Court: Minnesota Court of Appeals
Case Number: C3-95-1809; No. CX-95-1810
Issue:
  • Coverage
State:
  • Minnesota

Insurance companies should not be allowed to keep information supporting coverage from the Courts of their policyholders. Depublication of pro-policyholder decisions should not be condoned.
Fleming vs. USAA
Year: 1996
Court:
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • Oregon

UP filed a petition supporting review urging that the key definition of “pollutants” employed in ithe subject nsurance policies were so overbroad as to be meaningless.
First State Insurance Company vs. Minnesota Mining Manufacturing Company
Year: 1997
Court: Minnesota Supreme Court
Case Number: C4-97-1872, CO-97-2257
Issue:
  • “disappearing decisions”; confidentiality orders
State:
  • Minnesota
First American Title Insurance Company vs. Superior Court
Year: 2006
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B194004 (2007)
Issue:
  • Discovery
State:
  • California

Request for depublication. Plaintiffs must be allowed pre-certification discovery in class actions arising out of insurance marketing and underwriting practices which often involve damages to policyholders that are too small to warrant individual action.
Ieyoub, Richard vs. The American Tobacco Company
Year: 1997
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 97-31222
Issue:
  • Arbitration
State:
  • Louisiana
Hyundai Motor America vs. National Union Fire Insurance Company
Year: 2008
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 08-56527
Issue:
  • Duty to Defend
State:
  • California

The district court erroneously held that “advertising injury” insured under the CGL Policies at issue did not include “an injury caused by patent infringement even if that injury occurs during the course of an advertising activity.” The district court also failed to properly apply the…
Humana Inc. and Humana Health Insurance of Nevada, Inc. vs. Forsyth, Mary
Year: 1998
Court:
Case Number: 525 US 299
Issue:
  • RICO
State:
  • United States

Rico Claims; unfair trade practices