January 11, 2021
While insurers continue to win four out of five cases in early rounds, in the past month two property owners with policies that contained endorsements specifically providing coverage for diseases survived motions to dismiss their COVID-19 business interruption claims. On …
April 20, 2020
Twitter Inc will not be able to reveal surveillance requests it received from the U.S. government after a federal judge accepted government arguments that this was likely to harm national security after a near six-year long legal battle. The social …
February 26, 2020
Zurich American Insurance Co. concluded that heart disease killed Joseph Arruda, not the spine fracture he suffered after his vehicle careened across opposite lanes of traffic and collided with an oncoming vehicle. Zurich denied an accidental death claim filed by …
February 25, 2020
A federal appellate court revived products liability claims filed by an offshore oil rig operator and its insurer against the manufacturer of a blowout prevention device that failed to prevent a catastrophic blowout that caused $70 million in damages. The …
April 26, 2017
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 …
January 3, 2017
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 …
October 24, 2016
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, …
October 1, 2013
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 …
July 30, 2013
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, …