court of appeals News

Calif. Appellate Court Affirms $1 Million Bad Faith Judgment Against Geico

GEICO General Insurance Co. refused an offer to settle Michael Mazik’s underinsured motorist claim for $50,000. Instead, the claim will cost the insurer more than $1.3 million. On Friday, a panel of the California 2nd District Court of Appeal affirmed …

New Mexico Court Okays Medical Marijuana for Injured Worker

The New Mexico Court of Appeals has ruled that a worker’s employer and its insurer must pay for medical marijuana for treating the employee’s chronic pain from a job-related back injury. The court on Monday upheld a decision by a …

Appeals Court Upholds Bus Driver Convictions in Deadly Virginia Crash

An appeals court has upheld a bus driver’s convictions for a Virginia crash that killed four passengers, injured dozens and cast national attention on low-fare carriers operating on the East Coast. Kin Yiu Cheung dozed off as he was driving …

New York Court Finds Excess Insurer Responsible for Judgment Interest

The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …

Sebo v. American Home Assurance Company

The Return of the Efficient Proximate Cause Doctrine in Florida Florida’s Second District Court of Appeal recently revived an old debate regarding whether coverage is available for damages caused by independent excluded and covered causes in the case of Sebo …

Seventh Circuit Says Replacement Cost Claim Survives Sale of Property

The Seventh Circuit Court of Appeals recently held that a claim for replacement costs under a property insurance policy survives the insured’s sale of the damaged property. In Edgewood Manor Apartment Homes, LLC v. RSUI Indem. Co., 2013 U.S. App. …

Insurer Must Show Prejudice to Enforce Proof of Loss Provision in California

A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …

Court Rules Illinois Teen Eligible for UIM Coverage Under Father’s Business Auto Policy

A teen injured in a car wreck is entitled to underinsured motorist coverage (UIM) under her father’s business auto policy even though the vehicle she was riding in was not a listed vehicle on the policy, according to a decision …

New Mexico Court Upholds $10M Punitive Damages in DWI Death

The state Court of Appeals has upheld $10 million in punitive damages for the family and estate of an Albuquerque man killed by a drunken driver in 2003. The court ruled Tuesday there was enough evidence to support the damages …

New York Court Limits Damages Against Defense Lawyers

New York’s top court has rejected some malpractice damage claims against defense lawyers by the people they represent unsuccessfully, concluding that allowing them could have “devastating consequences” for the criminal justice system. The Court of Appeals unanimously says allowing damages …