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 InjuryTrademark 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.”