INSURANCE: Sole shareholders of corporation were not “insureds” under business auto policy when shareholder crashed his personal motorcycle, no UM/MP coverages where only evidence for claim of being run off road by unidentified driver was affidavit of motorcyclist who later died from injuries and wife who was not present… agent had no duty to procure coverage for individuals or inform them of limitations of corporate policy… J. Brown affirmed (IOR I-3(c)). [Read more…]
Insurance, UIM claim after settled 5X tortfeasor verdict
INSURANCE: UIM claim not barred by $50,000 settlement of $10,000 verdict against tortfeasor’s insurer under issue or claim preclusion… Menahan reversed. [Read more…]
Insurance, Iowa UM/UIM reinsurer, shooting death
INSURANCE: Contract and declaratory claims against Iowa UM/UIM reinsurer relating to shooting death in Montana of South Dakota resident driving vehicle with business policy and shooter driving uninsured or underinsured vehicle dismissed for lack of personal jurisdiction… Cavan. [Read more…]
Insurance, painting subcontractor, pollution exclusion
INSURANCE: Even assuming general contractor is additional insured under painting subcontractor’s policy (a close question), pollution exclusion bars coverage for alleged injury through exposure to chemicals in epoxy coatings that painters applied on wastewater plant, no duty to defend/indemnify… Molloy. [Read more…]
$15,000 verdict, rear-end MVA, cervical strain
VERDICT: $15,000, rear-end MVA, admitted liability, contested causation/damages, cervical strain, pain. [Read more…]
Insurance, home/well inspector alleged malpractice
INSURANCE: Suits against home and well inspector not covered by Homeowner or Personal Umbrella policies despite alleged assurances by agent and “Certificate of Insurance”… Knisely. [Read more…]
Insurance, settled MVA verdict, 2nd bite at apple
INSURANCE: MVA Plaintiff who won $10,000 verdict and then settled with tortfeasor’s insurer for $50,000 liability limit with stipulation to vacate and dismiss with prejudice not entitled to 2nd bite at apple on damages, but may pursue UTPA claims to the extent they do not require relitigation of underlying damages, UIM only triggered if damages exceed $50,000… Menahan. [Read more…]
Insurance, AD&D policy, meds overdose death
INSURANCE: AD&D policy coverage of death from meds overdose improperly denied on summary judgment based on miscellaneous casualty insurance rather than “disability insurance”. . . Watters reversed (unpublished). [Read more…]
Insurance, family member exclusion, bicyclist death
INSURANCE: Family member exclusion of driver’s auto policy not violative of MVIRVA where driver who killed bicyclist was driving mother’s vehicle and her policy paid limit… insurer not obligated to defend/indemnify driver under his policy in wrongful death suit… Seeley. [Read more…]
Defense verdict, rear-end, admitted liability
VERDICT: Defense, rear-end auto, admitted liability, neck/back/knee. [Read more…]