If an indemnity agreement is never triggered, is the agreement still an "insured contract" under a CGL policy? The court in Cheramie v. ERA Helicopters, LLC, 2010 U.S.Dist. LEXIS 128611 (E.D. La. Dec. 3, 2010) answered yes.
Dodi Cheramie, an employee of Professional Cleaning Maintenance Services, LLC ("PCMS"), sued ERA when she
The Archdiocese sought coverage under its CGL policy for allegations of sexual abuse committed by its former priests. Because the underlying complaints alleged volitional acts rather than accidental occurrences, the court determined there was no coverage. See Doe v. Archdiocese of Milwaukee, 2010 WISC. App. LEXIS 954 (Wis. Ct. App. Nov. 23, 2010).
When property damage manifests before the policy period, but continues over time and overlaps the CGL's policy period, does the policy provide coverage? Applying Florida law, the U.S. District Court determined that under the manifestation trigger, there was no coverage. See Amerisure Ins. Co. v. Albanese Popkin The Oaks Development Group, L.P., 2010 U.S. Dist.
In Wilson v. AIG, 89 Haw. 45, 968 P.2d 647 (1998), the Hawaii Supreme Court held that an insured was not the real party in interest to challenge its auto insurer's refusal to pay benefits to the insured's medical provider. The issue before the Hawaii Intermediate Court of Appeal was whether the legislature had overruled the Supreme Court
In Del Monte Fresh Produce (Haw.), Inc. v. Fireman's Fund Ins. Co., 183 P.3d 734, 745 (Haw. 2007), the Hawaii Supreme Court held that recognizing the assignment of an insurance policy by operation of law to a party acquiring liabilities through contract was inconsistent with Hawaii law. Citing Del Monte, the Fifth Circuit
The Fifth Circuit considered whether the second-layer excess policy incorporated the anti-concurrent causation clause and water exclusion from the primary policy. See ARM Properties Management Group v. RSUI Indemn. Co., 2010 U.S. App. LEXIS 23174 (5th Cir. Nov. 5, 2010).
ARM purchased property insurance for hundreds of apartment complexes. By grouping separate
The Hawaii Intermediate Court of Appeals overturned an award of attorney fees in a declaratory relief action filed by the insurer. See Allstate Ins. Co. v. Silva, 2010 Haw. App. LEXIS 806 (Haw. Ct. App. Dec. 9, 2010).
Silva was injured on his motorcycle when struck by an auto driven by Ponce.
The Vermont Law Review has published an article authored by Damon Key bloggers, Robert Thomas, Mark Murakami and me on the Supreme Court's "judicial takings" case from last term. See Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010).
Our article discusses the
The insureds extensively remodeled their home and installed decks from 1995 to 1996. See Sprague v. Safeco Ins. Co. of Am., 2010 Wash. App. Ct. LEXIS 2419 (Wash. Ct. App., Nov. 1, 2001). The decks were supported by "fin walls." In May 2008, the insureds discovered decay in the fin walls and filed
When the insureds purchased their home along the Mississippi Gulf coast, they discussed obtaining property insurance with Richard Schmidt, a Nationwide insurance salesman employed by Felsher Insurance Agency. See Mladineo v. Schmidt, 2010 Miss. LEXIS 569 (Miss. Oct. 28, 2010). The insureds' complaint alleged they told Schmidt they desired a policy with full