National Insurance Law Forum : Insurance Litigation Lawyer & Attorney : National Insurance Law Forum : Insurance Coverage, Bad Faith Litigation

In Ohio Cas. Ins. Co. v. Chugach Support Servs., 2011 U.S. Dist. LEXIS 115759 (W.D. Wash. Oct. 6, 2011), the District Court for the Western District of Washington, applying Washington law, found that an insurance certificate only evidences the existence of a policy, and, as a matter of law, it cannot satisfy the written contract or written agreement requirement of a CGL policy’s additional insured provision.

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The National Insurance Law Forum is pleased to have been nominated for inclusion in the LexisNexis Top 50 Insurance Law Blogs of 2011.  If you'd like to show your support for our blog, please conisder providing your comments here by Friday, October 7.  Thanks for your many years of interest and support!

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In a recent unpublished opinion, the 11^th Circuit Court of Appeals determined that a suit seeking damages for violation of FACTA (involving the issuance of a receipt to a customer that did not delete the last five digits of the credit card number) did not involve a “publication” of material and therefore did not trigger a defense obligation under the “personal and advertising injury” coverage.    In E. T. Limited, Inc. v. Essex Ins. Co.,1:08-cv-22302-WJZ (applying Florida law), view, the insured posited that FACTA violations fell within the offense:  “oral or written publication, in any manner, of material that violates a person’s right of privacy.”   The insured argued that the term “publication” was ambiguous and that the phrase “in any manner” broadened its meaning to include the provision of a receipt. The Court of Appeals disagreed.  

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