ICLC Staff Writer

February 21, 2019 | FC&S Insurance

A Georgia appellate court has reversed a trial court’s decision granting summary judgment against an insured after the trial court decided that an exclusion in an insurance policy was “plain and unambiguous.” The appellate court ruled that the exclusion had to be read in “context” before it could be determined whether it was plain and unambiguous.

By ICLC Staff Writer

12 minute read

February 21, 2019 | FC&S Insurance

An appellate court in Texas has affirmed a trial court’s decision granting summary judgment to an insurer in a case brought by an auto body shop over “prevailing market labor rates.”

By ICLC Staff Writer

14 minute read

February 21, 2019 | FC&S Insurance

A federal district court in Texas, citing appraisal of the insured’s claim and the insurer’s payment of the amount awarded by the appraisers, has granted summary judgment in favor of the insurer in the insured’s lawsuit.

By ICLC Staff Writer

5 minute read

February 21, 2019 | FC&S Insurance

A federal district court in Florida has ruled that a mold/fungal exclusion relieved an insurer of its duty to defend its insureds in a lawsuit – but the court nevertheless denied the insurer’s motion to recover fees and costs it incurred in defending the insureds under a reservation of rights.

By ICLC Staff Writer

6 minute read

February 19, 2019 | FC&S Insurance

A federal district court in California has ruled that an automobile insurance policy that provided liability coverage for “property damage” did not cover nonphysical “stigma damage” to an automobile that had been struck by another vehicle.

By ICLC Staff Writer

18 minute read

February 19, 2019 | FC&S Insurance

A federal district court in Florida has ruled that an insurer had no duty to defend a franchisor of Subway restaurants in a case brought by an employee injured in a robbery where the insurance policy excluded coverage for the “grantor of a franchise.”

By ICLC Staff Writer

18 minute read

February 19, 2019 | FC&S Insurance

The Supreme Court of Texas has rejected an insured’s effort to broaden the scope of expert discovery to include material otherwise protected by the attorney-client privilege, concluding that the state’s discovery rules do not waive the attorney-client privilege when a client or its representative offers expert testimony.

By ICLC Staff Writer

20 minute read

February 15, 2019 | FC&S Insurance

A jury in New York has ruled that a driver must pay $1 million to a man injured when the driver struck his vehicle’s open door.

By ICLC Staff Writer

1 minute read

February 14, 2019 | FC&S Insurance

An appellate court in Florida cited eight provisions in a commercial lease to conclude that the landlord’s insurer could bring a subrogation action against a tenant whose alleged negligence had caused fire damage to the rented building – notwithstanding that, under the lease, the tenant paid the majority of the premiums for the landlord’s fire insurance.

By ICLC Staff Writer

26 minute read

February 14, 2019 | FC&S Insurance

A federal district court in Connecticut has rejected a homeowner’s lawsuit against her insurer for damage to her home allegedly caused by a snow or ice storm, finding that she had not provided prompt notice of her loss to her insurer and that she also had initiated her lawsuit too late.

By ICLC Staff Writer

17 minute read