Plaintiff was a registered representative with Legacy Financial Services. See Ganim v. Columbia Casualty Co., No. 08-3945, 2009 U.S. App. LEXIS 16174 (6th Cir. July 23, 2009)[here]. Columbia insured Legacy and agreed to defend Legacy's registered representatives for negligence in "rendering or failure to render Professional Services." Coverage was limited to "investment advisory
What if Mortgagor Fails to Pay Flood Insurance Premiums?
If you assume your mortgage company will pay your flood insurance premiums, is the mortgage company liable for damage to property after failing to pay such premiums? In Burks v. Prudential Ins. Co. of North Am., 2009 U.S. Dist. LEXIS 65451 (E.D. La. July 29, 2009), the court answered "no."
Burks purchased her property in June
Hawai`i Life and Disabilty Insurance Guaranty Association
A client's inquiry caused me to review the Hawai`i Life and Disability Guaranty Act ("Guaranty Association Act"). Haw. Rev. Stat. 431:16-201 to 219. Here is a summary of Hawai`i's statute.
1) Purpose of Statute.
The statute seeks to protect persons against the failure of life and accident and health or sickness
Insured’s Claim for Workers’ Compensation Benefits Survives Summary Judgment
Whether the insured was acting within the course and scope of his employment contract was at issue when the Eighth Circuit Circuit reversed the District Court's determination of no workers' compensation coverage in Merriam v. National Union Fire Ins. Co. of Pittsburgh, Pennsylvania, No. 08-3547, 2009 U.S. App. LEXIS 15698 (8th Cir. July 17, 2009).
Hawai`i Legislature Contemplates Raid of Hurricane Fund
When Hawai`i Insurance Commissioner J.P. Schmidt met with the Hawai`i Bar Association's Insurance Coverage Section on July 1, 2009, [see post here] he advised the State was considering use of the Hurricane Relief Fund to help close the budget deficit.
Today's Honolulu Advertiser reports that this option is still under serious consideration by the Governor
Insurer Must Defend and Indemnify Trust Fund Established by Bankruptcy Court
In National Union Fire Ins. Co. of Pittsburgh, Pa. v. Porter Hayden Co, No. AMD-03-23408, 2009 U.S. Dist. LEXIS 61992 (D. Md. July 7, 2009), National Union contended that its insured, Porter Hayden, a debtor in bankruptcy, was not entitled to a defense or indemnity for asbestos-related claims.
Porter Hayden sold and
Allegations in Underlying Complaint Entitle Additional Insured to Defense
The Fifth Circuit vacated and remanded the district court's conclusion that the insurer was not obligated to defend or indemnify an additional insured after sued by a person allegedly injured in the insured's casino when falling off a stool. See Barden Mississippi Gaming LLC v. Great Northern Ins. Co., No. 08-60521, 2009 U.S. App. LEXIS
Claim for Failure to Act in Good Faith Survives Motion to Dismiss
In Cecilia Schwaber Trust Two v. Hartford Accident and Indemn. Co., No. JFM-06-0956, 2009 U.S. Dist. LEXIS 59788 (D. Md. July 14, 2009), Hartford unsuccessfully moved to dispose of the insured's claim for failure to act in good faith.
Hartford's policy covered the insured's warehouse for the period March 1, 2002
Computer Generated Notice is Adequate Under Claims-Made Policy
In East Texas Medical Ctr. Regional Health Sys. v. Lexington Ins. Co., No. 07-40904 (5th Cir. July 10, 2009) [here], the Fifth Circuit determined Lexington received proper notice from the insured of a claim by a computer-generated loss run.
Lexington's claims-made medical malpractice policy ran from June 8, 2002, to June 8
Ninth Circuit Rejects Coverage Based on Insured Versus Insured Exclusion
The "insured versus insured" exclusion in a Directors and Officers Liability policy was at issue in Biltmore Assoc., LLC v. Twin City Fire Ins. Co., No. 06-16417, 2009 U.S. LEXIS 15322 (9th Cir. July 11, 2009).
The policy named Visitalk.com, Inc. and its directors and officers as insureds, and promised to pay losses