VERDICT: Defense, UIM/UTPA claims by former insurance agent stemming from rear-end MVA. [Read more…]
Insurance, refusal to produce entire claim file
INSURANCE: Conserving resources insufficient for supervisory control of Menahan’s refusal to order insurer to produce entire MVA/UTPA claims file… order. [Read more…]
Insurance, access feud not “accident”/”occurrence”
INSURANCE: No coverage or duty to defend correctly found because insureds’ conduct in access dispute did not constitute “accident” or “occurrence”… duty to indemnify improperly found not ripe… insureds properly denied more time for discovery… McMahon affirmed, reversed. [Read more…]
Insurance, personal motorcycle, corporate auto policy
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…]
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, MVA independent UTPA claims after settle
INSURANCE: MVA Plaintiff sufficiently pled independent UTPA claims following settlement of underlying case to survive 12(b)(6) motion. . . applicability of collateral source reduction statutes more appropriate for summary judgment. . . Gilbert reversed. [Read more…]