A typical "open peril" policy excludes payment for loss of personal property left "in the open." In Twenhafel v. State Auto Prop. and Cas. Ins. Co., No. 08-4275, 2009 U.S. App. LEXIS 20373 (7th Cir. Sept. 14, 2009), the court determined that storm-caused damage to insured's raw wood inventory stored outside under a tarp was not excluded by
2009
Assignment Policy’s Rights, as Opposed to Policy Itself, Upheld
By Tred R. Eyerly on
The validity of an assignment of policy rights was at issue in Isles Wellness, Inc. v. Progressive Ins. Co., A09-0119, 2009 Minn. App. Unpub. LEXIS 1051 (Minn. Ct. App. Sept. 15, 2009).
The plaintiff clinics provided treatment to the insured patients who had automobile coverage with Progressive and Allstate. In 2003, the clinics…
Termination of Benefits Under ERISA Reversed Where Insurer Has Conflict of Interest
By Tred R. Eyerly on
What steps should a reviewing court take when the administrator of an employee benefits plan governed by ERISA denies benefits, but has a conflict of interest? In Montour v. Hartford Life & Accident Ins. Co., No. 08-55803, 2009 U.S. App. LEXIS 20378 (9th Cir. Sept. 14, 2009)(authored by Hawai`i's Judge Clifton), the Ninth Circuit…
Insurance Agent Negligent for Failing to Secure Workers Compensation Coverage
By Tred R. Eyerly on
The liability of an insurance agent for failure to include coverage for workers compensation in the insured's policy was the issue in Williams v. HILB, Rogal and Hobbs Ins. Serv. of California, Inc., B203691, 2009 Cal. App. LEXIS 1496 (Cal. Ct. App. Sept. 9, 2009).
John Williams and Steve Simon obtained a dealership…
Business Interruption Coverage Properly Denied
By Tred R. Eyerly on
The insured's claim for Business Interruption coverage failed to survive a motion to dismiss in Kushner Lagraize, LLC v. Phoenix Ins. Co., 2009 U.S. Dist. LEXIS 81576 (E. D. La. Sept. 9, 2009).
The policy provided "property, liability, business income and extra expenses coverages" at the insured's business location. The policy further stated coverage…
Auto Glass Repair Companies Seek Reimbursement from Insurers After Assignment of Policies
By Tred R. Eyerly on
The amount of reimbursement owed to auto glass repair companies by the insurer was the issue presented in Auto Glass Express, Inc. v. Hanover Ins. Co., 975 A.2d 1266 (Conn. Aug. 25, 2009).
The insureds' policies provided reimbursement of the "amount necessary to repair or replace broken glass of like kind and quality." …
Galveston One Year After Hurricane Ike
By Tred R. Eyerly on
You first notice the trees. Approaching Galveston on its main thoroughfare, Broadway Avenue, the trees still stand bare, stripped of all foliage after being seared all night one year ago by Ike's hurricane force winds.
Another thing my wife and I observed driving through Galveston this past Labor Day was the number of houses, seemingly on every…
Fifth Circuit Considers Subsidence and “Your Work” Exclusions
By Tred R. Eyerly on
The subsidence and "your work" exclusions were before the court in Wilshire Ins. Co. v. RJT Construction, LLC, No. 08-50925, 2009 U.S. App. LEXIS 19409 (5th Cir. Aug. 26, 2009).
Wilshire insured RJT under two consecutive CGL policies from June 2004 to June 2006. In 1999, RJT repaired the foundation of the home after…
Flood Damage Not Covered Where Insured Fails to File Proof of Loss
By Tred R. Eyerly on
In Schubert v. Chertoff, No. 07-5075, 2009 U.S. Dist. LEXIS 75835 (E.D. La. Aug. 26, 2009), the court considered whether the insured's failure to file a proof of loss for flood damage should be excused because two previous, untimely proofs of loss were accepted.
The insured had a Standard Flood Insurance Policy…
Dispute on Contratual Rate of Payment for Claim not Preempted by ERISA
By Tred R. Eyerly on
Whether payment claims were preempted by ERISA was the issue in Lone Star OB/GYN Associates v. Aetna Health Inc., No. 08-50646, 2009 U.S. App. LEXIS 18572 (5th Cir. Aug. 18, 2009).
Aetna was the administrator of "employee welfare benefit plans" regulated by ERISA. Lone Star entered a provider agreement with Aetna and became a…