ambiguous policy language News

Calif. Supreme: Unclear Policy May Require Insurer to Defend Yahoo from Privacy Lawsuits

A liability insurer may have a duty to defend Yahoo Inc. from class-action lawsuits that alleged it violated the Telephone Consumer Protection Act by sending its customers unwanted text messages, the California Supreme Court ruled Thursday. In a unanimous decision, …

N.H. Supreme Sides with Pro Se Collision Shop Owner in Assigned Benefit Claim

Collision repair shop owner Steve Piispanen didn’t hire an attorney because he considers them to be “not educated” when it comes to insurance law. He represented himself when he appealed a local judge’s decision to dismiss a $1,093.37 claim against …

S.C. Supreme: Ambiguous Policy Language Allows Auto Claimant to Stack Benefits

A woman who was injured in a crash while driving a rental car provided by an auto insurer may collect uninsured motorist benefits from more than one policy, the South Carolina Supreme Court ruled Wednesday. In a 3-2 decision, the …

N.C. Court Joins Others in Finding Bacteria Exclusion Doesn’t Apply to Legionella Claims

A decision by a panel of the North Carolina Court of Appeals this week adds to a body of case law that holds insurers liable for outbreaks of Legionnaire’s disease despite policy exclusions for injuries caused by bacteria. The appellate …

Viewpoint: Videotaping of Child in Shower is ‘Sexual Misconduct’ Excluded by Policy

Plaintiffs, R.S. and D.S. filed a lawsuit against a homeowner, Shawn Conrad, in Yellowstone County, Montana. The case involved a minor who took a shower at Conrad’s home. The female minor discovered hidden cameras that had been placed in the …

‘Ambiguous’ Flood Deductible May Cost Carriers That Insured New Orleans Hotel

The redevelopment of the historic Jung Hotel and Residences in downtown New Orleans flooded four times before renovations were complete. The two insurers that issued a builder’s risk policy for the project thought they had limited their risk, but a …

Insurers Win Most — But Not All — Covid Business-Loss Lawsuits

In the multibillion-dollar fight over insurance coverage for pandemic-related business losses, a Florida gynecologist succeeded where more than a dozen professional baseball teams and an iconic Hollywood restaurant failed. Since Covid-19 sparked government-ordered shutdowns in March, judges have dismissed more …

N.C. High Court: Actual Cash Value Includes Depreciation for Labor Costs

An insurer whose policy covers the “actual cash value” of a property may deduct for depreciation of labor costs when it calculates the amount of the loss, the North Carolina Supreme Court ruled. The court noted that the question of …

Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor

Invoking the familiar insurance contract interpretation doctrine of California and other jurisdictions, that truly ambiguous policy wording must be construed against the insurer drafting it, the U.S. District Court for the Eastern District of California decided on August 16, 2018 …

Auto Policy Delivery or Business Use Exclusion Held Ambiguous

Twice in the last four years American Access Casualty Company, a non-standard private passenger automobile insurer based in Downers Grove, Ill., has been judicially warned in decisions of intermediate appellate courts of two different states (Illinois and Indiana) that its …