An emphasis on current laws and focus on insurtech were some of the highlights of Claims Journal’s top read contributed articles of 2018. Slower Traffic Keep Right: A Summary of State ‘Keep Right’ Traffic Laws by Gary L. Wickert, Matthiesen, …
Invoking the familiar insurance contract interpretation doctrine of California and other jurisdictions, that truly ambiguous policy wording must be construed against the insurer drafting it, the U.S. District Court for the Eastern District of California decided on August 16, 2018 …
Twice in the last four years American Access Casualty Company, a non-standard private passenger automobile insurer based in Downers Grove, Ill., has been judicially warned in decisions of intermediate appellate courts of two different states (Illinois and Indiana) that its …
Every once in a while, a court teaches us by judicial decision an entire chapter of insurance law lessons we can carry with us, secure in the knowledge that we can reason our way to the right result in insurance …
The California Court of Appeal began and ended its insurance coverage opinion of March 7, 2018 with the Bard’s wisdom. The court clearly got it right in denying property insurance coverage for the victim of counterfeit wine sales, and it …
In a methodically crafted decision filed January 18, 2018 on cross-motions for summary judgment, Stefan R. Underhill, judge of the United States District Court for the District of Connecticut, ruled that a business property insurance policy containing “Other Insurance” and …
It is typical for business income insurance, the modern version of business interruption coverage, to provide for two components of actual loss of business, namely (1) net profit or loss before income taxes that would have been earned or incurred …
In a decision filed July 14, 2017, the US District Court for the Central District of California invoked the Federal Arbitration Act (FAA) in refusing to vacate an insurance appraisal award determining the value of insured tools stolen from their …
In an insurance dispute spanning two states, and applying Kentucky law, the Sixth Circuit U.S. Court of Appeals, over a spirited dissent, held there was no coverage for an accident in Los Angeles. The reason: The Mercedes-Benz driven by Davida …
A Florida state Court of Appeal reversed the dismissal of a claim for negligent procurement of property insurance, because, when placing the coverage, the insurer’s agent failed to account for a reduction in insurance loss proceeds caused by operation of …