INSURANCE: Coverage under homeowners or umbrella policies for damages claimed by buyers of house whose trusses had been modified to expand living area precluded by “real estate sale,” “owned property” exclusions… insurer that defended under reservation entitled to recoup defense costs… Cavan. [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…]
$192,500 settlement, “buyer’s remorse” boat purchase
SETTLEMENT: Boat dealer’s claims alleging “buyer’s remorse” breach of $67,438 boat purchase agreement and publication of defamatory statements about dealer on social media settled for $192,500… buyers’ counterclaims against dealer settled for $0. [Read more…]
Insurance, premises liability defense costs, primary/excess
INSURANCE: Primary insurer responsible for defense costs of premises liability suit pursuant to “Other Insurance” provisions in primary and excess policies. . . duty to defend not implicated since excess insurer did not abandon its insured. . . primary insurer required to reimburse excess insurer its fees & costs for defending insured from date defense tendered. . . Manley. [Read more…]
Advance medical payments, declaratory judgment
ADVANCE MEDICAL PAYMENTS under Ridley not amenable to declaratory action where material facts are disputed as to negligence and comparative negligence in bicycle/auto collision… Newman. [Read more…]