declaratory judgment News

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 …

Insurer Paid Claim to Avoid Bad Faith; Reimbursed Because of Misrepresentation

The 10th Circuit Court of Appeals endorsed a clever way for an insurer to avoid a bad faith claim where there were potential misrepresentations in the policy application. In Evanston Insurance Company v. Aminokit Labs, Inc., the court affirmed a …

9th Circuit Finds Carrier Not Liable to Defend in Sexual Abuse Case

A federal appellate court reversed a ruling that would have forced a homeowner’s insurer to pay up to $300,000 in damages to a woman who had been sexually abused by its policyholder, despite exclusions in the policy for intentional acts. …

Insurer Says it Shouldn’t Have to Pay for Mississippi Building Collapse

An insurer says it shouldn’t have to pay for the collapse of a building in a southwest Mississippi city. Hudson Specialty Insurance has sued in federal court in Natchez to nullify its policy, saying the policy was voided after the …

Ohio Homeowner Charged With Murder, Arson Declined EUO

Court records filed in June show a property owner, recently charged with murder and aggravated arson, declined to cooperate with an insurance company investigation of his claim for a house fire that resulted in an Ohio firefighter’s death nearly a …

Axis Insurance Denies Coverage for Tony Stewart in Ward Race Car Death

Axis Insurance says the lawsuit brought against racing star Tony Stewart, whose car struck and killed another racer during a New York event in 2014, is not covered by the insurance policies it issued for Stewart. Axis maintains that its …