declaratory judgment News

Wisconsin Supreme: UI Insurer Cannot Deduct Money that Was Paid but Reimbursed

Wisconsin law allows insurers to deduct from their liability any amounts paid for the same injury by a worker’s compensation carrier, but does that include amounts that are paid and later reimbursed? Secura Supreme Insurance Co. argued that repayment makes …

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 …

Lloyd’s Owes $3M in Prejudgment Interest for Late Payment of D&O Claim

Lloyd’s of London underwriters must pay more than $3 million in pre-judgment interest in addition to the $10 million the syndicate has already paid in damages for the wrongful acts of the former directors of a bank that was declared …

Amber Heard’s Insurer Argues No Coverage Owed for ‘Willful’ Defamation of Depp

An insurance carrier that issued a $1 million comprehensive liability policy to actress Amber Heard has filed a lawsuit seeking a declaratory judgment that it is not liable for paying any part of a $10,350,000 jury award against her in …

Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections

Homeowners and public adjusters may now feel a little more emboldened to record an insurance adjuster’s inspection of a home, after a Florida appeals court ruled in favor of the practice last week – the third such ruling in as …

Insurer That Denied Appraisal Can’t Seek Declaration That it Made the Right Choice

If an insurer wants confirmation by a court that an appraisal is inappropriate, it needs to file a request for declaratory judgment before denying the appraisal request, an Illinois appellate panel ruled Monday. A panel with the 3rd District of …

Archdiocese Sues Insurers Over Sexual Abuse Coverage

SANTA FE, N.M. (AP) — One of the oldest Roman Catholic dioceses in the U.S. is suing four insurance companies over claims that they haven’t fulfilled contracts to provide liability coverage for sexual abuse complaints. The Archdiocese of Santa Fe …

8th Circuit: Policyholder Entitled to Appraisal to Determine Cause of Damage

A Minnesota property owner has a right to an appraisal to determine the cause of a loss even if the insurer contends the damage existed before it issued its policy, a panel of the US 8th Circuit Court Appeals ruled …

8th Circuit Finds No Ambiguity in Motorcycle Exclusion

The 8th Circuit Court of Appeal ruled Monday that there is no ambiguity in the term “owned motorcycle” and affirmed a decision to deny a $3 million uninsured motorist claim. Lauren Palazzolo was killed in 2017 while driving as a …

11th Circuit Leaves it to Alabama to Decide if Pollution Exclusion Applies to Carbon Monoxide Deaths

National Trust Insurance Co. contends that a pollution exclusion in a policy it sold to an Alabama furnace-repair company excludes coverage for a wrongful death claim caused by carbon monoxide poisoning. The Indiana-domiciled carrier won’t be able to test that …