After being sued in a personal injury action, Marc-Scot Realty (property owner) and Willie Construction, sought a defense as additional insureds under Arch Builder's (general contractor) liability policy. See Marc-Scot Realty Corp v. Praetorian Ins. Co., 2010 U.S. Dist. LEXIS 29380 (E.D. N.Y. March 26, 2010).
The court agreed Willie Construction was an
The insureds originally had flood coverage with Allstate. See Dennis v. Fidelity Nat. Prop. and Cas. Ins. Co., 2010 U.S. Dist. LEXIS 28759 (March 25, 2010). To reduce their premiums, the insureds requested their agent, Lyons Insurance, Inc., to obtain a new flood insurance policy on their home in May 2007. The insureds did not submit the required elevation
In a brief opinion, a New York court found the insured contract provision ambiguous. See Majawalla v. Utica First Ins. Co., 2010 N.Y. App. Div. LEXIS 2510 (N.Y. App. Div. March 23, 2010).
Yashi Associates leased a store location to the insured. The lease required the lessee to maintain liability insurance for the
Measuring business interruption costs after Hurricane Katrina was the issue before the Fifth Circuit in Catlin Syndicate Ltd v. Imperial Palace of Mississippi, Inc., 2010 U.S. App. LEXIS 5389 (5th Cir. March 15, 2010).
The insured operated a casino that was damaged by Hurricane Katrina, forcing it to shut down for several
Addressing an issue not yet decided in Kentucky, the Sixth Circuit predicted Kentucky courts would grant the insurer's right to seek reimbursement for settlement costs paid in the underlying litigation. See Travelers Property Cas. Co. of Am. v. Hillerich & Bradsby Co., Inc., 2010 U.S. App. LEXIS 5288 (6th Cir. March 12, 2010).
In Kaufmann v. The Travelers Companies, Inc., 2010 U.S. Dist. LEXIS 20027 (D. Md. March 5, 2010), the insureds sold their restaurant to plaintiffs. The insureds represented that the restaurant and bar seated 400 patrons. The plaintiffs made known to the insureds they intended to create a patio that would utilize the 400
Plaintiff's home was damaged by Hurricane Katrina on August 29, 2005. See Bridges v. EMC Mortgage Corp., 2010 U.S. Dist. LEXIS 18433 (S.D. Miss. March 2, 2010). She filed suit against her insurer, Liberty Mutual. In her amended complaint, the plaintiff added her mortgage company, EMC, as a defendant, alleging EMC failed to
On its third trip to the Hawai`i appellate courts, the decision in Mikelson v. United Services Automobile Assoc., No. 28332 (Haw. Ct. App. March 24, 2010)(opinion here) addressed whether the Circuit Court's confirmation of the arbitration award was appropriate when the insurer had already paid the arbitration award. (Disclosure – our
The insured, Versai, managed apartments that were so extensively damaged by Hurricane Katrina that they were uninhabitable. See Versai Mg. Corp. v. Clarendon Am Ins. Co., No. 08-30874, 2010 U.S. App. LEXIS 3479 (5th Cir. Feb. 19, 2010). Versai notified its insurers and submitted claims with the assistance of its private adjusters and
Coverage under a CGL policy for the subcontractor's construction defects was at issue in Architex Assoc., Inc. v. Scottsdale Ins. Co., No. 2008-CA-01353-SCT, 2010 Miss. LEXIS 71 (Miss. Feb. 11, 2010). Although the lower court determined there was no occurrence under the policy, and thus no coverage, the Supreme Court reversed.
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