Although the insured claimed damages to her home was caused by vibrations from nearby construction, the court held she failed to overcome the insurer's expert's opinion that the damage resulted from excluded causes such as wear and tear, cracking and settling. King v. Am Family Ins., 2017 Ohio App. LEXIS 2565 (Ohio
2017
Ninth Circuit Confirms $14 Million Award for Bad Faith
By Tred R. Eyerly on
The Ninth Circuit affirmed the jury’s award of $14 million in damages after finding Allstate was in bad faith in refusing to settle the matter. Madrigal v. Allstate Indem Co., 2017 U.S. App. LEXIS 10643 (9th Cir. June 15, 2017).
Madrigal was injured in an auto accident with Tang, Allstate’s Insured. Allstate refused Madrigal’s…
No Coverage for Hurricane Sandy Damage
By Tred R. Eyerly on
The magistrate recommended that summary judgment be entered in favor of the insurer, thereby eliminating coverage for property damage incurred during Hurricane Sandy. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2017 U.S. Dist. LEXIS 103015 (E.D. N.Y. June 30, 2017).
Madelaine Chocolate owned a facility three blocks form…
Claims for Bad Faith and Punitive Damages Survive Insurer’s Motion for Summary Judgment
By Tred R. Eyerly on
The court denied the insurer's motion for partial summary judgment seeking to dismiss claims for bad faith and for punitive damages. Van Der Weide v. Cincinnati Ins. Co., 2017 U.S. Dist. LEXIS 101735 (N.D. Iowa June 30, 2017).
The homeowner sued the insured general contractor after water was found leaking…
No Collapse Coverage Where Policy’s Collapse Provisions Deleted
By Tred R. Eyerly on
The federal district court found there was no coverage for the homeowners' collapse claim because the collapse provisions were deleted from the policy. Gueng-Ho Kim v. State Farm Fire & Cas. Co., 2017 U.S. Dist. LEXIS 97871 (D. Conn. June 26, 2017).
The homeowners purchased their home in 2004. They…
No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
By Tred R. Eyerly on
The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017).
Consigli was the general contractor for…
Insurer Must Defend Allegations of Misrepresentation
By Tred R. Eyerly on
The Montana Supreme Court held that the insurer had a duty to defend allegations of misrepresentation against the insured seller of a home. Huckins v. United Serv. Auto. Assoc., 2017 Mont. LEXIS 334 (Mont. June 13, 2017).
Barry Van Sickle placed his home on the market for sale and completed…
Ninth Circuit Affirms $14 Million Award for Bad Faith
By Tred R. Eyerly on
The Ninth Circuit affirmed the jury's award of $14 million in damages after finding Allstate was in bad faith in refusing to settle the matter. Madrigal v. Allstate Indem. Co., 2017 U.S. App. LEXIS 10643 (9th Cir. June 15, 2017).
Madrigal was injured in an auto accident with Tang, Allstate's insured.
Home Buyer May Be Third Party Beneficiary of Property Policy
By Tred R. Eyerly on
The Oklahoma Supreme Court reversed the trial court's grant of summary judgment to the insurer, finding that the purchaser may have third party beneficiary rights under the seller's property policy. Hensley v. State Farm Fire & Cas. Co., 2017 Okla. LEXIS 59 (June 20, 2017).
In May 2000, Hensley sold…
Additional Insured Not Covered When Injury Not Proximately Caused by Insured
By Tred R. Eyerly on
The New York Court of Appeals construed an additional insured endorsement as applying only to injury proximately caused by the named insured. Burlington Ins. Co. v. NYC Transit Auth., 2017 N.Y. LEXIS 1404 (N.Y. Ct. App. June 6, 2017).
Breaking Solutions, Inc. (BSI) contracted with the New York City Transit…