Coverage

EDPA Holds Plaintiff’s Conclusory Allegations of Insurer Bad Faith Insufficient (PA)

In Harris v. Allstate, the plaintiff brought an action against her insurer, alleging the insurer breached the terms of the policy and engaged in bad faith conduct. By way of brief background, it was alleged that Allstate issued a policy to plaintiff. It was further alleged that a covered “peril” occurred, which caused “direct physical damage” to the plaintiff’s property. Plaintiff alleged that...Read More

Insurer Not Obligated to Defend or Indemnify Insured for Breach of Contract Claims (PA)

In Atain Insurance Co. v. Xcapes et al., the United States District Court for the Eastern District of Pennsylvania analyzed whether Atain Insurance Company (“Atain”) was obligated to, inter alia, defend and indemnify its insured, Xcapes, a home improvement contractor, with respect to state lawsuits filed against Xcapes asserting breach of contract, unjust enrichment/quasi contract, violations...Read More

Made-Whole Doctrine Does not Apply to Deductibles or Self-Insured Retentions (NJ)

The Supreme Court of New Jersey recently determined that the made-whole doctrine does not apply to first-dollar risk allocated to the insured.  In City of Asbury Park v. Star Insurance Company, the plaintiff filed a declaratory judgment action against a workers’ compensation insurer seeking determination that it was entitled to full reimbursement before the insurer could assert subrogation...Read More

PA Court Finds UIM Benefits Not Required Under PA Umbrella Policies

In Jones v Amica Mutual Insurance, the Court recently considered whether an insurer was required to pay UIM benefits under a Personal Umbrella Policy. In the underlying action, Jones filed suit for injuries she sustained in a motor vehicle accident. The adverse driver, Sean Murtha, was responsible for accident. Plaintiff received the $100,000 policy limit from Murtha’s insurer Allstate....Read More

CrossFit Discovery Sanctions Case: Court Waits for the Merits Before Deciding Coverage

In National Casualty Company v. National Strength and Conditioning Association, the Southern District of California weighed in on the insurance coverage implications for sanctions arising out of alleged discovery misconduct.  In that decision, the court held that there could be no quick ruling regarding coverage for the sanctions pending the appeal for whether those sanctions were warranted....Read More

Question of “Grave Injury” Resolved By Court on Summary Judgment (NY)

Judge Gerald Lebovits, New York County Supreme Court, recently ruled in favor of plaintiff-insurer Utica Mutual on its motion for summary judgment that its policy was not triggered, finding the policy exclusion for liability assumed in a contract to be unambiguously applicable to claims for contractual indemnification in the underlying lawsuit, but also that the underlying plaintiff could not...Read More

Court Will Not Seal Record in Malpractice Litigation (PA)

A Pennsylvania trial court recently denied a plaintiff’s attempt to seal the entire record in a breach of contract and bad faith litigation against an insurer and its underwriter.  In Moses Taylor Foundation v. Coverys, a hospital and its self-insurance trust filed a motion to seal its complaint and the entire record in order to preserve the confidentiality of its settlement negotiations and...Read More

Calder Ruling Creates New Issues for Art Owners and Insurers (France)

A recent ruling from the Paris Court of Appeals highlights some of the peculiar risks related to purchasing (and insuring) art in international jurisdictions.  The renowned American sculptor Alexander Calder lived and worked for much of his life in Saché, France.  One of his works, the large stabile, Porc qui pique, 1963, was exhibited and photographed such that its creation and appearance are...Read More

Trial Court Upholds Employer’s Liability Exclusion in CGL Policy (PA)

In Nationwide Mutual Fire Ins. Co. v. Lee Benjamin, Jr. et al, the Pennsylvania Court of Common Pleas, Columbia County, analyzed whether, inter alia, an employer’s liability exclusion barred coverage to Nationwide Mutual Fire Ins. Co.’s insured, Lee Benjamin, Jr. (“Benjamin”) for personal injuries Mark Davenport (“Davenport”) sustained while conducting roof work for Benjamin, who was initially...Read More

To Cover Or Not To Cover – That Is The Question (NY)

Many insurers are now receiving claims for damaged or lost property due to the protests in major cities across the United States, and are probably wondering whether their policy covers such loss or damage during this period of unrest. In short, it’s tricky. Of course, the answer depends on the language of the specific policy and the circumstances concerning the claimed loss or damage. But...Read More