February 08, 2019 | FC&S Insurance
Mishler v. Erie Ins. Co.An appellate court in Pennsylvania has ruled that a “regular use” exclusion in a personal automobile insurance policy applied where the insured was in an accident while driving his employer’s truck even though he only had driven that same truck two other times.
By ICLC Staff Writer
19 minute read
February 08, 2019 | FC&S Insurance
Qbe Ins. Corp. v. Am. Claims Mgmt.An appellate court in California has affirmed a trial court’s decision confirming an $18.45 million arbitration award in favor of an insurer against a third-party claims service administrator.
By ICLC Staff Writer
12 minute read
February 08, 2019 | FC&S Insurance
Ranger Constr. Indus. v. Allied World Nat'l Assurance Co.A U.S. magistrate judge in Florida has issued a decision that significantly expands the scope of the attorney-client privilege for insurers involved in coverage lawsuits with insureds.
By ICLC Staff Writer
31 minute read
February 07, 2019 | FC&S Insurance
J.P. Columbus Warehousing, Inc. v. United Fire & Cas. Co.In a case of first impression, a U.S. magistrate judge in Texas has ruled that a claimant’s delayed retention of an attorney did not excuse its failure to timely provide presuit notice to its insurer as required by Texas law.
By ICLC Staff Writer
2 minute read
February 07, 2019 | FC&S Insurance
Auto-Owners Ins. Co. v. CribbA federal district court in Georgia has ruled that an insurer that provided a defense to two insureds before sending reservation of rights letters was estopped from denying them coverage.
By ICLC Staff Writer
21 minute read
February 07, 2019 | FC&S Insurance
Fils v. Starr Indem. & Liab. Co.A Louisiana appellate court has reversed course and rejected its prior decision that first-party bad faith claims against insurers are subject to a one-year prescriptive period. Rather, the appellate court now has ruled that they are subject to a 10-year prescriptive period.
By ICLC Staff Writer
24 minute read
February 06, 2019 | FC&S Insurance
City of W. Liberty v. Emplrs Mut. Cas. Co.The Iowa Supreme Court has ruled that an electrical currents exclusion in an insurance policy precluded coverage for damage to a power plant caused when a squirrel found its way onto an electrical transformer and triggered an electrical arc.
By ICLC Staff Writer
22 minute read
February 05, 2019 | FC&S Insurance
Atkinson v. 2M Co.The Idaho Supreme Court has adopted a bright-line rule in “going and coming” cases that will make it easier for employees to recover workers’ compensation benefits for injuries they suffer while driving an employer-provided vehicle.
By ICLC Staff Writer
27 minute read
February 05, 2019 | FC&S Insurance
Chaney v. Team Techs., Inc.The Supreme Court of Tennessee has ruled that an employer had no statutory or common law duty to use its automated external defibrillator (“AED”) to assist an employee who suffered a non-work related medical emergency while at work and, therefore, that the employer could not be held liable to the employee for workers’ compensation benefits.
By ICLC Staff Writer
27 minute read
February 05, 2019 | FC&S Insurance
Griggs v. Bounce N' Around Inflatables, L.L.C.The Louisiana Supreme Court has ruled that a minor who was illegally hired and who was injured while engaging in a task prohibited by the state’s child labor law was subject to the exclusive remedy provisions of Louisiana’s workers’ compensation law.
By ICLC Staff Writer
19 minute read
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