summary judgment News

Self-Insured Retention on Policy Allows Insurer to Deny Contractor’s Claim

A general contractor was unsuccessful in its bid to gain coverage as an additional insured, due to a self-insured retention (SIR) endorsement on a subcontractor’s commercial general liability (CGL) insurance policy. In a decision issued by an Indiana appeals court …

No Homeowner Liability Coverage for an Insured’s ‘Negligent’ Assault, Even if Insured Was Intoxicated

Nicholas Fiocchi sued Ronald Zatyco for assaulting him after a verbal argument between them at a bar earlier the same evening. Fiocchi’s complaint in Pennsylvania state court attempted by artful pleading to capture Zatyco’s parents’ homeowners coverage, alleging that the …

Federal Judge Says Wording in Acuity Policy is Ambiguous

A recent ruling by an Illinois federal judge against Acuity Mutual Insurance Co., found that the use of the word “commencing” is ambiguous as it relates to whether a loss occurs within the policy period. The case, Temperature Service Company, …

Toyota Loses Bid to Get Acceleration Suit Thrown Out

Toyota Motor Corp. tentatively lost a bid to get a court to throw out a lawsuit claiming one of its cars suddenly accelerated and caused an accident that left a woman severely injured. U.S. District Judge James V. Selna in …

Compliance with the Examination Under Oath Request: A Must or a Maybe?

For decades, if an insured did not comply with an insurer’s request for an examination under oath (“EUO”), the insurer was entitled to summary judgment finding that there was no coverage for the claim. In 2012, however, in Whistler’s Park, …