INSURANCE SUBROGATION: Made whole claims for $1,618 in uncovered property loss not precluded by American Rule or failure to exhaust but properly dismissed because insurer did not prematurely subrogate with respect to a category of damages for which it had been paid a premium… Wilson affirmed (other grounds). [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, subrogation made-whole, individual/class
INSURANCE: Supervisory control of Wilson denied as to dismissal of subrogation made-whole individual and class claims as unripe and thus currently unjusticiable… order. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
Insurance, jurisdiction, non-contracting entities
INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]
Insurance, gasoline tanker spill, $13,066,474
INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]
$41,000 verdict, $2.5 million consent, home defects
VERDICT: $41,000, construction defects alleged by subsequent purchasers of $11.5 million vacation home, $2.5 million consent judgment by previous owners. [Read more…]
Insurance, house defect, duty to defend/indemnity
INSURANCE: No duty by CGL insurer to defend negligent construction claims against builder based on complaint claims of [Read more…]