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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
February 21, 2019 | FC&S Insurance
Unique Auto Sales, LLC v. Dunwody Ins. AgencyA 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
MGR, Inc. v. Geico Cas. Co.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
Gonzales v. Allstate Vehicle & Prop. Ins. Co.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
Covington Specialty Ins. Co. v. HillsboroughA 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
Hennessy v. Infinity Ins. Co.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
Allied World Nat'l Assurance Co. v. Md. Cas. Co.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
In re City of DickinsonThe 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
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