The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance coverage conference will be held in Tucson again this year, from March 6 to 8, 2014. Each year, this conference offers informative, cutting-edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend.
February 2014
Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel
By Tred R. Eyerly on
The Eleventh Circuit determined that the trial court did not err by refusing to give preclusive effect to findings made in the underlying state-court action because there was no collateral estoppel. Nationwide Mut. Ins. Co. v. Sharif, 2014 U.S. App. LEXIS 2114 (11th Cir. Feb. 4, 2014).
Bashir's owned a grocery and…
Hawaii Supreme Court Tackles “Other Insurance” Issues
By Tred R. Eyerly on
In a well-reasoned, wide-ranging opinion by Justice Acoba in response to four certified questions from the Ninth Circuit, the Hawaii Supreme Court addressed various issues raised by competing "other insurance" provisions in two CGL policies. Nautilus Ins. Co. v. Lexington Ins. Co., 132 Haw. 283, 321 P.3d 634 (2014).
Coverage for a development…
CGL Policy Implicated Over Auto Policy in Personal Injury Suit
By Tred R. Eyerly on
In a coverage dispute between the liability carrier and auto carrier, the court determined that the liability policy had a duty to defend and indemnify. Am. States Ins. Co. v. Travelers Prop. Cas. Co. of Am., 2014 Cal. App. LEXIS 74 (Cal. Ct. App. Jan. 27, 2014).
Royal Catering Company leased its…
Insurer Must Indemnify for Settlement Reached Without Its Consent
By Tred R. Eyerly on
The Illinois Appellate Court determined the insurer must cover a settlement reached by its insured and it independent counsel who was retained due to a potential conflict. Standard Mut. Ins. Co. v. Lay, 2014 Ill. App. LEXIS 20 (Ill. Ct. App. Jan. 23, 2014).
The insured, a small real estate agency…
No Duty to Defend Under Pollution Policy
By Tred R. Eyerly on
The court found there was no duty to defend or indemnify under a pollution policy for claims arising from a building fire. URS Corp. v. Zurich Am Ins. Co., 2014 N.Y. Misc. LEXIS 222 (N.Y. Sup. Ct. Jan. 16, 2014).
Two firemen were killed while fighting a fire at the Deutsch Bank…
Coverage Denied for Ensuing Loss After Foundation Damage
By Tred R. Eyerly on
The insureds attempt to secure coverage for ensuing losses after foundation damage was properly denied by the insurer. Walker v. Nationwide Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 6683 (W.D. Tex. Jan. 6, 2014).
Two provisions excluding coverage under Nationwide's homeowner's policy were key to the court's decision. Exclusion 3…
Asbestos Exclusion Bars Coverage
By Tred R. Eyerly on
The broad asbestos exclusion found in a Business Owners policy barred coverage for the insured after it sold a building in which asbestos was discovered. Phillips v. Parmelee, 2013 Wisc. LEXIS 747 (Dec. 27, 2013).
Prior to purchasing an apartment building, the insured had the building inspected. The report indicated that the…