In Daniel Arceneaux, et al. v. Amstar Corp., et al., 2015-0588 (La. 9/7/16), 2016 WL 4699163 (La. 9/7/16), the Louisiana Supreme Court held that in long latency disease cases the cost of the duty to defend should be prorated between …
The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 2016 WY 81, 377 P.3d 784 (2016), engaged in a jurisprudential review of the enforceability of non-prejudicial notice requirements in insurance policies and why courts have moved away …
The Florida Fifth Circuit Court of Appeals issued a ruling that the determination of the full extent of damages in an uninsured motorist bad faith case should be adjudicated in the subsequent bad faith lawsuit rather than in the UM …
A typical criminal act exclusion states that there is no coverage for bodily injury or property damage arising out of any criminal act. Typically the exclusion applies regardless of whether the insured is actually charged with or convicted of a …
In a recent decision, South Carolina Ins. Reserve Fund v. East Richland County Public Service Dist., 2016 WL 1125810 (S.C. App., filed 3/23/16), the Court found that the release of offensive odors constituted a pollutant because the odors involved gas …
Generally, stacking is defined “as an insured’s ability to obtain multiple insurance coverage benefits for an injury either from more than one policy, as where the insured has two or more separate vehicles under separate policies, or from multiple coverages …
The Kentucky Supreme Court has reviewed numerous attempts by insurance companies to limit the time in which insureds have to bring UM and UIM claims. As a result of these prior considerations, the Kentucky Supreme Court has emphasized that insurance …
There are two principal viewpoints on when a UM/UIM claim accrues for purposes of triggering a limitations period. The majority view holds that the accrual date is triggered upon the insurance company’s breach of the insurance contract as opposed to …
Uninsured and underinsured motorist (UM/UIM) coverage typically involves three classes of insureds. The named insured, including residents of the household, typically qualify for Class I insured status. Class I insured status is a portable type coverage and is not dependent …
Generally, the duty to defend extends to cases in which the complaint contains several theories or causes of action against the insured and only one of the theories is within the policy’s coverage limits. See, e.g., Country Mutual Ins. Co. …