policy limit News

Kansas Court: Insurer had No Duty to Pay Policy Limit Before Demand Was Made

A claims adjuster’s sub-standard investigation of a potential fatal accident claim does not warrant a multi-million award of damages against an insurer that issued a policy with a $25,000 limit, the Kansas Court of Appeals ruled. An appellate panel on …

8th Circuit: Insurer Owes for Total Loss Despite Payment for Previous Damage Claim

In March 2019, a fire damaged Craig and Katie Shaw’s house outside the hamlet of Adams in rural southern Minnesota. Two months later—before the Shaws made repairs—a second fire burned the house to the ground. Farm Bureau Property & Casualty …

Viewpoint: New Year’s Resolutions For Handling Short-Fuse Settlement Demands

The holidays — parties, family, and the spirit of giving. Some personal injury plaintiff’s attorneys really get into the spirit, hoping to receive the gift of “open” policy limits and unlimited injury recoveries by making short-fused settlement demands, that are …

Ore. Supreme Ct. Voids State Farm ‘Anti-Stacking’ Uninsured Motorist Policy Limit

A provision in State Farm auto policies that limits payouts for uninsured motorist claims to the maximum amount allowed by a single policy cannot be enforced because it does not comply with state law, the Oregon Supreme Court ruled on …

9th Circuit: ‘Improper Erosion’ of Policy Limits No Grounds for Denial by Excess Insurer

Unless fraud or bad faith is involved, no policyholder should be expected to justify its reasons for making payments to settle litigation as a condition for making a claim under an excess insurance policy, the 9th Circuit Court of Appeals …

Manufacturer’s Flood Claim Hinges on Definition of High-Hazard Area

For the second time, a federal appellate court reversed a trial judge’s finding that a policy issued by a unit of American International Group did not limit coverage for a 2011 flood that forced the company to shut down an …

West Virginia Logging Suit Settled

The Kanawha County Parks and Recreation Commission has settled a civil lawsuit related to a park logging operation after the 2012 derecho. The Charleston Daily Mail reports the commission voted recently to settle the lawsuit filed against David Russell Bowen’s …

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 …