March 06, 2019 | FC&S Insurance
Stearns v. Metropolitan Life Insurance CompanyA decision by the Supreme Judicial Court of Massachusetts concerning Massachusetts’ six-year statute of repose effectively bars all or nearly all tort claims arising from negligence in the use or handling of asbestos in construction-related suits.
By ICLC Staff Writer
23 minute read
March 05, 2019 | FC&S Insurance
Ind. Farmers Mut. Ins. Co. v. WeaverIn a case of first impression, an appellate court in Indiana has ruled that an insurance company was obligated to cover an accident involving its insured that occurred while he was driving his own vehicle – even though he was driving with a suspended driver’s license.
By ICLC Staff Writer
10 minute read
March 04, 2019 | Insurance Coverage Law Center
Waste Mgmt. v. AIG Specialty Ins. Co.Court rules that a criminal indictment did not amount to a claim for clean-up costs covered by a pollution insurance policy.
By ICLC Staff Writer
33 minute read
March 04, 2019 | FC&S Insurance
Neurosurgical Assocs. of NJ, P.C. v. Aetna, Inc.A federal district court in New Jersey has ruled that anti-assignment clauses in health insurance plans were enforceable and validly barred beneficiaries from assigning benefits to healthcare providers.
By ICLC Staff Writer
12 minute read
March 04, 2019 | FC&S Insurance
Harper v. Geico Gen. Ins. Co.A Florida appellate court, reversing a trial court’s decision, has ruled that the 60 day cure period for bad faith by an insurer begins when the insured files a civil remedy notice – not when the insurer receives a copy of it. The decision broadens the number of situations in which insurers may be at risk of statutory bad faith claims brought by their insureds.
By ICLC Staff Writer
16 minute read
March 04, 2019 | FC&S Insurance
West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc.The Wisconsin Supreme Court has ruled that allegations in Abbott Laboratories’ complaint against Ixthus Medical Supply, Inc., alleged a potentially covered advertising injury and, as a result, triggered Ixthus’ insurer’s duty to defend under the commercial general liability insurance policy it had issued to Ixthus – and that neither a knowing violation exclusion nor a criminal acts exclusion applied to bar coverage.
By ICLC Staff Writer
34 minute read
February 27, 2019 | FC&S Insurance
Kelly v. Liberty Ins. Corp.The U.S. Court of Appeals for the First Circuit, in a decision written by retired Supreme Court Justice David H. Souter, sitting by designation, has rejected an employee’s claim for uninsured motorist benefits under his employer’s umbrella insurance policy.
By ICLC Staff Writer
8 minute read
February 27, 2019 | FC&S Insurance
Easthampton Congregational Church v. Church Mut. Ins. Co.The U.S. Court of Appeals for the First Circuit, holding that the term “decay” in an insurance policy issued to a church was ambiguous, has ruled that the church was entitled to coverage for damage caused when a ceiling in the church partially collapsed.
By ICLC Staff Writer
22 minute read
February 27, 2019 | FC&S Insurance
Founders Ins. Co. v. Richard Ruth's Bar & Grill LLCThe U.S. Court of Appeals for the Fourth Circuit, affirming a district court’s decision, has ruled that an insurance company did not have to indemnify a bar for damages resulting from a bar fight where the bar failed to comply with the notice provisions of its insurance policies.
By ICLC Staff Writer
20 minute read
February 27, 2019 | FC&S Insurance
Omega Rehab Servs. v. Everest Nat'l Ins. Co.An appellate court in Michigan, reversing a trial court’s decision, has ruled that an anti-assignment clause in a no-fault insurance policy was unenforceable.
By ICLC Staff Writer
9 minute read
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