INSURANCE: Insurer had adequate legal basis for retaining potential Libby asbestos settlement funds while reasonably contesting coverage… bad faith suit properly dismissed… Johnston affirmed (memorandum). [Read more…]
Insurance subrogation, made whole, $1,618 property
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, asbestos settlement bad faith
INSURANCE: Bad faith claims after settlement of asbestosis claims with State rejected based on judicial admissions in settlement proceedings that insurer had reasonable basis for contesting claims and because insurer had reasonable basis to contest coverage… Johnston. [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…]
Punitives review, $30 million, vermiculite mill ARD
PUNITIVES REVIEW: $30 million punitives confirmed on top of $6.5 million compensatory damages for insurer’s failure to warn Defendant of ARD risk at Grace’s vermiculite mill in Bellwether Asbestos Court case… Parker. [Read more…]
$36,500,000 verdict, insurer’s failure to warn of asbestos
VERDICT: $36,500,000 ($30 million punitives) for insurer’s breach of duty to warn of asbestos hazard at Libby mill. [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, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [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…]