summary judgment News

Policyholders With Endorsements for Diseases Survive Motions to Dismiss COVID-19 Claims

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 …

Judge Blocks Twitter’s Bid to Reveal Govt Surveillance Requests

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 …

Carrier Can Deny Widow’s Claim Because Heart Disease Contributed to Crash Victim’s Death

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 …

Lloyd’s May Proceed With Defect Claim Against Manufacturer for Oil Rig Blowout

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 …

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, …