The insured held a commercial auto policy issued on June 5, 2006 by Infinity General Insurance Company. See Infinity Gen. Ins. Co. v. Reynolds, No. 08-14785 (11th Cir. June 8, 2009) [here]. The premium was overdue as of July 5, 2006, and a cancellation notice was sent July 10, 2006. The notice indicated that
June 2009
Faulty Data Base Increases Out-of-Pocket Medical Expenses
By Tred R. Eyerly on
If you have ever sought out of network health care, here is a story to make your blood boil.
Today's New York Times reports that Congressional investigators have discovered a faulty database overcharged patients for seeing doctors outside their insurance plan network. The database was operated by Ingenix, a subsidiary of UnitedHealth Group. The Congressional…
Supreme Court Bars Further Asbestos Claims Against Insurer
By Tred R. Eyerly on
In the term's insurance-related case, the United States Supreme Court held that additional suits were barred against an insurer that participated in a 1986 settlement of asbestos claims and contributed to a trust fund. See Travelers Indemn. Co. v. Bailey, No. 08-295 (U.S. June 18, 2009) [here]. We previously reviewed the Travelers case…
Insured Not Entitled to Independent Counsel Based on Speculative Conflict
By Tred R. Eyerly on
The insured's right to independent counsel after the insurer agreed to defend under a reservation of rights was the issue presented in National Casualty Co. v. Forge Indus. Staffing Inc., No. 08-3110 (7th Cir. June 3, 2009) [here].
Forge was a staffing agency that placed temporary employees at companies throughout the United States. …
Insureds Entitled to Additional Flood Coverage in California
By Tred R. Eyerly on
The insureds' home was damaged by a flood in Ross, California, on December 31, 2005. See Cook v. USAA General Indemn. Co., No. C-07-4042, 2009 U.S. Dist. LEXIS 45490 (N.D. Cal. June 1, 2009). The home was insured under a National Flood Insurance Program policy issued by USAA.
The home was located in a flood…
Uninsured Motorist Coverage Properly Denied Where Insured Not At Fault
By Tred R. Eyerly on
Uninsured-motorist coverage after the insured died in an auto accident was the issue in Estate of Anderson v. Safeco Ins. Co. of Illinois, No. 08-3452 (8th Cir. May 29, 2009) [here].
Anderson was riding in a car driven by his ex-wife when flood water swept the car off a driveway. Anderson died after being…
“Hot Topics” Covered at ABA, Insurance Coverage Litigation Committee’s Website
By Tred R. Eyerly on
The ABA’s Section of Litigation, Insurance Coverage Litigation Committee’s website has been building a collection of insurance related articles, labeled “Hot Topics.” Many informative and timely articles appear at the site. See my article, “Breadth of the Flood Exclusion: A Flood is a Flood, Including Storm Surge,” posted on the site [Article] which discusses the…
Mississippi Supreme Court Considers Application of Anti-Concurrent Causation Clause
By Tred R. Eyerly on
Here is a report in today's Insurance Journal regarding oral argument conducted last Tuesday before the Mississippi Supreme Court in Corban v. United Services Automobile Assoc., No. 2008-M-645 (Miss.) At issue is the application of the anti-concurrent causation clause where the insured's home was allegedly damaged by both wind and flood. We have previously discussed the Corban…
Kauai Trial Court Finds Workers’ Compensation Carrier’s Delayed Payment in Bad Faith
By Tred R. Eyerly on
In our last post [here] we discussed a decision from the Oklahoma Supreme Court recognizing a bad faith claim against a workers' compensation insurer. My Damon Key colleague and fellow blogger, Mark Murakami (hawaiioceanlaw.com), informed me of a similar case winding its way through the trial court on Kauai. See Ordonez v. Hawaii Employers Mutual Ins. …
Bad Faith Established against Workers’ Compensation Carrier
By Tred R. Eyerly on
In Summers v. Zurich Am. Ins. Co., No. 105617 (Okla. May 26, 2009) [here], the Oklahoma Supreme Court addressed confusion under state law in a establishing a bad faith claim against a workers' compensation carrier.
Ms. Summers was injured in March 2004 while employed at Walmart. She was an insured under a workers' compensation policy…