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FC&S Insurance

Grossly Inaccurate Material Misrepresentation Leads to Rescinding of Coverage

Recently, the United States Court of Appeals for the Sixth Circuit has ruled that an insurance company was entitled to rescind coverage under a policy…
4 minute read

FC&S Insurance

Pennsylvania Bad Faith Test Upheld

Recently, the Supreme Court of Pennsylvania determined that proof of an insurer’s self-interest or ill-will is not necessary in a claim of bad faith…
5 minute read

FC&S Insurance

Hybrid Policy and True Umbrella Policy Interpreted to Cover the Same Risk

At the beginning of November, the Supreme Judicial Court of Massachusetts decided that competing excess insurance policies apply equally to provide excess…
4 minute read

FC&S Insurance

Not All Holes-in-One are Covered under Hole-in-One Insurance

The United States Court of Appeals for the Fourth Circuit affirmed the decision of the lower court that an insurer was not obligated to pay out a claim…
4 minute read

FC&S Insurance

Insurer is Off the Hook because of Invasion of Privacy Exclusion in TCPA Litigation

 In August, the Ninth Circuit determined that when following the purpose of the TCPA there could be no coverage when a policy, in this case a directors…
5 minute read

FC&S Insurance

Termites Did Not Cause a “Collapse” under the Policy in Place

In June of 2017, the Supreme Court of Kentucky affirmed the decision of the appellate court and determined that the mere presence of hidden insects did…
4 minute read

FC&S Insurance

A $122,000 "And"

As we have found in several other cases, the smallest word or punctuation mark can change the meaning of a legal document. A district court in California…
4 minute read

FC&S Insurance

Bad Faith Isn't So Bad When No Damages Are Suffered

The Supreme Court of Washington recently determined that a law firm with an insurer as a client may defend a policyholder of that insurer in an unrelated…
5 minute read

FC&S Insurance

No Duty to Defend when Insured Failed to Notify Insurer of Incident for Twenty-One Months

The United States Court of Appeals for the Seventh Circuit decided last week that an insurer had no duty to defend its insured because a twenty-one-month…
5 minute read

FC&S Insurance

Different Interpretations of the Same Exclusion Come from Affiliated Insurance Companies

Recently, the United States District Court for the Western District of Texas stated it was “telling” that an insurer and its parent company…
4 minute read

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