INSURANCE: Coverage of sexual assault/harassment claims precluded by Willful & Malicious Act and Business Pursuits exclusions in Homeowners and Personal Liability Umbrella policies, insurer had no duty to defend alleged assailant against claims that resulted in $1.1 million State Court judgment… Molloy reversed (memorandum). [Read more…]
Insurance, long-term leak exclusion, basement leak
INSURANCE: Damage from pipe leakage in basement of part-time home excluded under long-term leak exclusion… Molloy. [Read more…]
Insurance, sexual assault of tenant by property manager
INSURANCE: Homeowners and umbrella policies potentially covered alleged sexual assaults of tenant by property manager, implicating duty to defend, insurer’s unilateral gamble that they did not results in its liability for $1.1 million state court judgment… Molloy. [Read more…]
Insurance, auto liability stacking
INSURANCE: Summary judgment properly granted that 4 separate vehicle liability coverages are not stackable… Jones affirmed. [Read more…]
Insurance, GAL/minor auto stacking
INSURANCE: GAL and minor are not “Insureds” under policy covering 3 vehicles including 1 in which minor was passenger, not entitled to stack $100,000 per person limits to obtain $200,000 in addition to $100,000 paid… Christensen. [Read more…]
Insurance, Utah premises, Montana suicide
INSURANCE: Ambiguous premises endorsements correctly construed as covering Montana suicide flowing out of use of behavior program’s Utah premises, insurer breached duty to defend, liable for $3 million consent judgment… Christensen affirmed (unpublished). [Read more…]
Attorney fees, $3 million consent judgment
ATTORNEY FEES: Attorneys entitled to fees based on what client, as assignee of insurer in $3 million “tough love” suicide consent judgment, would have been able to recover for time & expenses [Read more…]
Insurance, “tough love” suicide, “arising out of,”
INSURANCE: Only “false conflict” between Utah and Montana law as to “arising out of” in context of duty to defend, Montana law applied to CGL/umbrella policies covering Utah entity that provided services to Montana residential youth program… [Read more…]
Insurance, “tough love” school suicide
INSURANCE: CGL/excess insurers had duty to defend “tough love” school against teen suicide claims, liable for $3 million consent judgment plus $568,767 interest… $1,188,399 fees improperly awarded based on judgment and contingency in underlying case, remanded for recalculation on [Read more…]
Suicide liability, troubled teen school, foreseeability
SUICIDE LIABILITY: Foreseeability evidence improperly limited to what troubled student knew; what operator of tough love boarding school and entity providing program policy knew and whether it was designed to treat suicidal teens also relevant… settlement of school did not settle [Read more…]