Iclc

March 06, 2019 | FC&S Insurance

A federal district court in Florida has ruled that an insurance policy’s pollution exclusion precluded coverage of a lawsuit against the owner and manager of an office building by a plaintiff claiming that she suffered bodily injury after inhaling fumes from oil-based paint used to paint a floor of the building.

By ICLC Staff Writer

14 minute read

March 06, 2019 | FC&S Insurance

A magistrate judge in Florida has concluded that a commercial general liability insurance policy did not cover an underlying plaintiff’s allegations that the insured had injured his “good reputation.”

By ICLC Staff Writer

26 minute read

March 06, 2019 | FC&S Insurance

A federal district court in Georgia, finding that a couple reported different asset values to the bankruptcy court and, after a fire, to their insurer, ruled that they sought to “make a mockery of the judicial system” and estopped them from seeking a large payment from their insurer.

By ICLC Staff Writer

13 minute read

March 06, 2019 | FC&S Insurance

A 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

In 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

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

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

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

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

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