National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: coverage

Washington Supreme Court decision raises questions for law firms that both represent insurers and defend the insurer’s policyholders

Posted in Duty to Defend, Liability Coverage, Recent Cases
The Washington Supreme Court recently decided Arden v. Forsberg & Umlauf, P.S., 2017 Wash. LEXIS 911 (September 14, 2017), a case involving the ethical obligations of law firms retained by an insurer to defend the insurer’s policyholder.  While the Court of Appeals had held that a law firm with an insurer for a client may… Continue Reading

Criminal Acts Exclusion and Joint Obligations Clauses Bar Coverage for Claims Arising from Insured’s Criminal Act

Posted in Personal and Advertising Injury, Property Insurance, Recent Cases
Criminal Acts Exclusion and Joint Obligations Clauses Bar Coverage for Claims Arising from Insured’s Criminal Act In Allstate Insurance Company v. Morgan, 123 F. Supp. 3d 1266 (D. Or. 2015), the District of Oregon held an insurer was not obligated to defend their insured’s son against tort claims arising out of the son’s assault on… Continue Reading

New Year – New Way of Writing

Posted in Uncategorized
Happy new year!  With every new year come resolutions to do better, be nicer, eat healthier, exercise more, work harder …. How about be a better writer (or demand that your attorneys write for a changing audience)! At the DRI’s annual insurance coverage meeting in New York last month, one of the most interesting topics for… Continue Reading

EPL Policies Should Be Reviewed With FLSA Damages In Mind

Posted in Recent Cases
Employers—who are often sued for discrimination, retaliation, breach of contract, and statutory violations—have increasingly turned to Employment Practices Liability Insurance (EPL) to protect themselves against a coverage gap for employment-related claims.  In turn, coverage disputes under EPL policies have led to litigation over how the policies should be interpreted and administered.  It should come as… Continue Reading

Alabama District Court Applies Financial Interest Exclusion To Defeat The Duty To Defend Under Real Estate Professional Errors And Omissions Policy

Posted in Recent Cases
The financial interest exclusion was recently applied to defeat an insurer’s duty to defend under a real estate professional errors and omissions policy – and explained through a memorably simple analogy – in Cont’l Cas. Co. v. Homecorp Mgmt., Inc., 2012 U.S. Dist. LEXIS 43210 (M.D. Al., March 29, 2012). … Continue Reading

Washington’s Supreme Court Finds Coverage For Actual Cash Value Includes State Sales Tax

Posted in Recent Cases
In Holden v. Farmers Ins. Co. of Wash., 2010 Wash. LEXIS 721 (September 9, 2010), the Washington Supreme Court held that because an “actual cash value” (“ACV”) provision in a Broad Form Renters Package Policy was ambiguous, it must be read in favor of the insured to include consideration of Washington State sales tax in… Continue Reading

Nebraska Supreme Court Rules oN Pollution Coverage Issues

Posted in Liability Coverage
One of the perils of appellate advocacy is asking a court to take on too many complicated issues at once.  Inevitably, some issues don’t get the attention they deserve or are dealt with as an after-thought.  Such is the case with an environmental coverage opinion that the Nebraska Supreme Court issued today in Dutton-Lainson Co. v. Continental Ins.… Continue Reading

Ninth Circuit Addresses the Meaning of “Ice” in an All Risk Property Insurance Policy

Posted in Property Insurance
In Terminal Freezers Inc. v. U.S. Fire Ins., 2009 U.S. App. LEXIS 20321, an unpublished opinion issued on September 11, 2009, the Ninth Circuit Court of Appeals employed Washington law to examine the meaning of the undefined term “ice” as used in an “all risk” property insurance policy. In Terminal Freezers, the plaintiff, who runs… Continue Reading

Oregon District Court Finds No Coverage to Remove and Replace an Insured’s Defective Work

Posted in Recent Cases
In Shilo Inn, Seaside Oceanfront, LLC v. Grant, et al., 2009 U.S. Dist. LEXIS 75255 (D. Or. Aug. 24, 2009), the District Court of Oregon granted summary judgment to an insurer, ruling that an exclusion for property damage to “[t]hat particular part of any property that must be restored, repaired, or replaced because ‘your work’… Continue Reading

Where’s the roof? Oregon’s Court of Appeals Confirms that Undefined Policy Terms are not Necessarily Ambiguous

Posted in Recent Cases
  Insurers should welcome the Oregon Court of Appeals’ recent decision in Dewsnup v. Farmers Ins. Co. of Oregon, A136394 (July 1, 2009), because it signals the Court’s reluctance to accept insureds’ arguments that ordinary words are ambiguous — and must be construed in their favor — if they are not defined by the policy.… Continue Reading

Oregon’s Court of Appeals Defines “Collapse”; Rules on Scope of Coverage

Posted in Recent Cases
In Hennessy v. Mutual of Enumclaw Ins. Co., A133592 (April 29, 2009), Oregon’s Court of Appeals adopted a “none of the above” approach to first-party “collapse” claims. The majority of jurisdictions that have considered the undefined term “collapse” have found coverage to be triggered by one of the following three circumstances: (1) a finding of… Continue Reading

Oregon Federal Court Addresses Who Is An Insured

Posted in Recent Cases
In Mt. Hood, LLC v. Travelers Cas. & Sur. Co., 2009 U.S. Dist. LEXIS 16775 (March 3, 2009), the U.S. District Court for the District of Oregon analyzed whether an individual and a corporation qualified as insureds under a policy issued to a condominium homeowners association. The HOA, Collins Lake Resort Homeowners Association, sued Mt.… Continue Reading

IP Coverage Disputes Flare Anew

Posted in Liability Coverage
Disputes concerning the applicability of Coverage B to intellectual property disputes have flared anew in three recently filed suits. On January 29, 2009, Intel sued American Guarantee & Liability Insurance (Zurich) in the federal district court in San Francisco seeking to impose coverage for claims by Advanced Micro Devices that Intel engaged in unfair marketing… Continue Reading

Stringfellow – A Continuing Coverage Saga

Posted in Liability Coverage
While it is often difficult these days to pay attention to any thing other than the upcoming elections and the roller-coaster economy, judges keep making decisions and lawyers keep lawyering. On November 6, 2008, after the election results are in, the California appellate court, 4th district (appeal from Riverside County), will hear oral argument on… Continue Reading

No Errors and Omissions Coverage for Fraudulent Mortgage Practices

Posted in Recent Cases
For insurance companies reminiscent of the surge in environmental pollution claims in the early 1980s and now wondering if they will be the ones “left holding the bag” with respect to the still unfolding mortgage crisis, the First Circuit’s recent decision in New Fed Mortgage Corporation v. National Union Fire Insurance Company of Pittsburgh, PA,… Continue Reading

Court Finds Insurers’ Inadequate Investigation was Bad Faith, Imposes Coverage by Estoppel

Posted in Recent Cases
In Aecon Bldgs., Inc. v. Zurich, et al., 2008 U.S. Dist. LEXIS 59515 (W. D. Wash.) (August 4, 2008), the Western District of Washington held two insurers liable for bad faith as a matter of law for inadequately investigating a construction defect claim before denying the claim, which was not covered. The two insurers insured… Continue Reading

New York U.S. District Court Dismisses Coverage Complaint for Accident at Non-Scheduled Location

Posted in Recent Cases
In Ten Seventy One Home Corp. v. Liberty Mutual, 2008 U.S. Dist. Lexis 47328 (2008), the court granted an insurer’s CR 12(b)(6) motion dismissing another insurer’s complaint seeking a coverage determination for a personal injury claim. On June 14, 2002, Leonard Hutchings was seriously, severely and permanently injured when Morton Yuter closed an overhead garage… Continue Reading

Insurance Coverage and Claims Institute in April 2008

Posted in News
Sara Thorpe is the chair and speaker, and Mike Aylward, a speaker, at the DRI’s Insurance Coverage and Claims Institute in Chicago in April 2008.  The topics to be covered include conflicts of interest, drafting effective reservation of rights letters, independent counsel, settlements, litigation management, e-discovery, emerging insurance coverage issues for commercial and personal lines carriers, and "bad faith." … Continue Reading

Texas Supreme Court Holds Public Policy Does Not Prohibit Insurance Coverage for Punitive Damages

Posted in Liability Coverage, Recent Cases
This past Friday, the Texas Supreme Court issued a important decision on the availability of liability insurance to cover punitive damage awards when it answered the following certified question presented by the Fifth Circuit: “Does Texas public policy prohibit a liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of… Continue Reading