ambiguous News

Courts Find ‘How Many Apartment Units Are There?’ Is an Ambiguous Question

Because its application question about how many apartments were in a New York building was considered ambiguous, an insurer has lost its bid to deny a commercial property insurance claim and rescind the policy. The Second Circuit Court of Appeals …

Fla. Supreme: Public Adjuster with Contingent Fee Agreement Cannot Act as Appraiser

A public adjuster cannot act as an appraiser for a homeowner they represent when the insurance policy specifies that the appraiser must be “disinterested,” the Florida Supreme Court ruled Thursday. The high court affirmed a 2nd District Court of Appeal …

No Uninsured Motorist Coverage for Horse-Drawn Buggy, Delaware Ct. Rules

Delaware courts have never before been asked whether a horse-drawn buggy is a motor vehicle. Now a state court has definitively ruled that a horse-drawn buggy is not a motor vehicle. “The plain meaning of ‘motor vehicle’ does not include …

Appeals Court First to Rule in Favor of Coverage for COVID Shutdown

The attorney who filed the first U.S. lawsuit seeking insurance coverage for a business shut down because of coronavirus won the first policyholder victory in a state or federal appellate court that interpreted the meaning of “direct physical loss or …

7th Circuit: Insurer Must Defend Horse Farm From Lawsuit Over Golf Cart Accident

An insurer must defend an Illinois equestrian business from a lawsuit filed by a man who was injured when he was run over by a golf cart operated by an employee who was chasing a loose horse, a federal appellate …

Unclear Policy Endorsement Makes Excess Insurer Liable for Fuel Spill

Confusing language in a policy issued by an excess insurer puts the carrier on the hook for up to $5 million in clean-up costs after a policyholders’ tanker truck overturned and spilled its load of fuel, the 1st Circuit Court …

6th Circuit Sides With Policyholder in Depreciation for Labor Costs Dispute

Ohio law does not allow Allstate to include labor costs when calculating the amount of depreciation for a property damage claim, a split panel of the 6th Circuit Court of Appeals ruled, resolving a split among state appellate districts and …