General Business Personal Injury Insurance

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Insurance Coverage – Liability of Adjuster for Negligent Misrepresentation

Bock v. Hansen - Court of Appeal, First Appellate District (April 2, 2014)- 40 years ago in Gruenberg v. Aetna Ins. Co. (1973), the California Supreme Court held that in general, an insurance company’s agents...more

California Court Holds An Adjuster May Be Personally Liable For Misrepresentations Made To The Insured

Earlier this month, an intermediate level California court rejected arguments that an insurance company’s adjuster owes no independent duty to the policyholders and cannot be liable even for “appalling” misconduct if he is...more

Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

District of Colorado: Insurer Entitled To Summary Judgment on Bad Faith Claim Where Insured Repeatedly Failed To Provide Requested...

Keeney v. Auto-Owners Ins. Co., No. 13-CV-00796-RPM, 2014 WL 622509 (D. Colo. Feb. 18, 2014) - District Court in Colorado grants defendant Insurer’s Motion for Summary Judgment where Insured’s failure to provide...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

SC Supreme Court Finds Family Member Exclusion In Florida Auto Policy Does Not Violate SC Public Policy

A Florida automobile insurance policy’s family exclusion did not violate South Carolina public policy according to an April 2014 opinion of the South Carolina Supreme Court....more

Eighth Circuit Holds Pollution Exclusion Applicable to Carbon Monoxide

In its recent decision in Church Mut. Ins. Co. v. Clay Ctr. Christian Church, 2014 U.S. App. LEXIS 5450 (Mar. 25, 2014), the United States Court of Appeals for the Eighth Circuit, applying Nebraska law, had occasion to...more

CYBER INSURANCE 101: Coverage Issues Related to Cyber Attacks and Cyber Insurance

The Rise of Cyber Attacks - On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more

Limitation on Tort Causes of Action for First Party Insurance Claims under Missouri Law Upheld in Uninsured Motorist Coverage Suit

In Easter v. Farmers Insurance Company, Inc., 2014 U.S. Dist. LEXIS 39950 (W.D. Mo. March 26, 2014), the court analyzed an uninsured motorist coverage claim. Davina Easter was involved in an automobile accident when the car...more

4th Circuit Holds Insurer Not Equitably Estopped From Denying Coverage

In an unpublished opinion, the 4th Circuit Court of Appeals reversed a South Carolina District Court judge’s finding that an insurer was equitably estopped from denying coverage to a new owner of the insured business for a...more

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth...more

South By Southwest Deaths Highlight Alcohol Issues For Texas Restaurants

Three people are now confirmed dead in the recent car crash tragedy at South By Southwest. According to an article by Quita Culpepper from KVUE.com, these people were “injured on Thursday, March 13 outside The Mohawk when...more

West Virginia High Court Finds Carbon Monoxide Exposure Claims Arising from the Same Source Are a “Single Occurrence” for Coverage...

In Kosnoski, et. al. v. Rogers, et. al., Case No. 13-0494 (2/18/14), the West Virginia Supreme Court of Appeals recently held that two different incidents of exposure to carbon monoxide poisoning arose from the same...more

New York Court of Appeals Sustains Delay in Disclaimer Based on Insured’s Lack of Cooperation

Will a New York court excuse an insurer’s delay in disclaiming coverage based on an insured’s failure to cooperate, when the facts confirm that it did so as soon as reasonably possible after it determined that the insured...more

Insurance Recovery Law - Feb 18, 2014

Insurer Must Indemnify TCPA Settlement, Despite Lack of Involvement - Why it matters: In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer...more

Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court...more

The Construction Advantage

We hope you enjoy Bernstein Shur’s first edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. We hope in this newsletter and...more

California Court Holds Food Truck Constitutes Mobile Equipment

In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California’s Second Appellate District had occasion to consider whether a food truck...more

Slow Down, WA Court Taps the Brakes on Insurer’s Duty to Defend

On January 28, 2014, the Washington Court of Appeals held that an insurer had no duty to defend a motorist under either his homeowners or auto insurance policies when the unambiguous allegations made against the insured...more

The Texas Supreme Court Issues a Liability-Coverage Decision Favorable to the Construction Industry

On January 17, 2014, the Texas Supreme Court resolved a long-debated controversy as to the scope of a contractual liability insurance exclusion in Ewing Construction Co. v. Amerisure Insurance Co. A contractual liability...more

Tennessee Court of Appeals Interprets Exclusionary Clause in Automobile Casualty Insurance Policy

Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of...more

Texas Supreme Court Reverses Lower Court’s Holding Excluding Construction Defect Claim From Coverage Under CGL Policy

In a victory for contractors, the Texas Supreme Court recently held that a contractor does not lose coverage under its commercial general liability (“CGL”) policy merely because it entered into a contract agreeing to perform...more

Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders

Just before the New Year the New York Appellate Division affirmed in about a dozen words the trial court decision in Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 2012EF63, slip op. at 2...more

Texas Supreme Court Rejects Insurer Attempt to Expand Limited Insurance Exclusion for Liability Assumed by Contract, Holding that...

In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many...more

Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor...more

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