Senior Judge Senter from the Southern District of Mississippi continues to be on the front lines of the Katrina insurance coverage battles. In a case headed for trial, Judge Senter recently denied motions by both the insured and insurer attempting to establish estoppel on coverage issues. See Politz v. Nationwide Mut. Fire Ins. Co.
First Party Insurance
No Coverage Where Each Possible Efficient Proximate Cause Excluded
By Tred R. Eyerly on
Coverage under a homeowners' policy was denied by State Farm when corrosion surrounding a nail driven through a pipe caused a leak and extensive water damage many years later. See Freedman v. State Farm Ins. Co., B202617 (Cal. Ct. App. May 5, 2009)[here]. The policy provided "all-risk" coverage, but excluded loss from:…
Fifth Circuit Finds Flood Exclusion Ambiguous in Excess Policy
By Tred R. Eyerly on
A mixed result for the insured and excess insurers was reached in Six Flags Inc. v. Westchester Surplus Lines Ins. Co., No. 08-30476, 2009 U.S. App. LEXIS 8273 (5th Cir. April 21, 2009)[here]. Although the Fifth Circuit determined most insurers had no further coverage obligation, the flood exclusion in one excess policy…
Anti-Assignment Clause Does Not Bar Post-Loss Assignment
By Tred R. Eyerly on
It's now late April. Posting on a decision rendered in March, early March at that, breaches a blogger's protocol. And In Re: Katrina Canal Breaches Consolidated Litigation; Pertains to: Road Home, Louisiana State, No. 05-4182, 2009 U.S. Dist. LEXIS 30406 (E.D. La. March 5, 2009), received press when issued. The case allowed individual claims…
Insurer Must Pay UIM Benefits Based on Policy Holder’s Joint and Several Liability
By Tred R. Eyerly on
The Hawai`i Intermediate Court of Appeals' (ICA) decision in Liberty Mut. Ins. Co. v. Sentinel Ins. Co., Ltd., No. 27429, 2009 Haw. App. LEXIS 134 (Haw. Ct. App. March 31, 2009) is unpublished and the facts are detailed, but it's a Hawaii insurance-related decision. So we submit the following.
Ms. Labrador, the insured, sustained…
Doctrine of Efficient Proximate Cause Helps Insured Avoid Summary Judgment
By Tred R. Eyerly on
It's an unpublished decision and not certified for publication. Nevertheless, the analysis of the interplay between the anti-concurrent causation clause and the efficient proximate cause doctrine described in Rouland v. Pacific Specialty Ins. Co., G040299, 2009 Cal. App. Unpub. LEXIS 2589 (Cal. Ct. App. March 30, 2009) warrants attention.
The insured's home suffered damage…
Court Unravels Parties’ Burdens under Property Policy
By Tred R. Eyerly on
How does the court assign the burden of proof when a property policy does not clearly state whether it is an all risks or named perils policy? The court faced such a policy in Royale Green Condominium Assoc., Inc. v. Aspen Specialty Ins. Co., No. 07-21404, 2009 U.S. Dist. LEXIS 24349 (S.D. Fla. March 24, 2009).
After Hurricane Wilma…
Fifth Circuit Again Finds in Favor of Policy-Holder
By Tred R. Eyerly on
Continuing its recent trend in post-Katrina cases to find for the policy-holder (see Dickerson v. Lexington Ins. Co., 2008 WL 5295389 (5th Cir. Dec. 22, 2008)[ reviewed hereGrilletta v. Lexington Ins. Co. 2009 U.S. App. LEXIS 276 (5th Cir. Jan. 8, 2009)[reviewed here]), the Fifth Circuit reversed an award of summary judgment in
Insured’s Motion for Summary Judgment on Bad Faith Denied
By Tred R. Eyerly on
The insured moved for summary judgment on bad faith because of the insurer's alleged delayed and incomplete payments after Hurricane Katrina destroyed property. See Plaquemines Parish School Bd v. Indus. Risk Insurers, No. 06-7213, 2009 U.S. Dist. LEXIS 20004 (E.D. La. March 11, 2009).
School buildings operated by the insured …
Insured’s Settlement With Tortfeasor Cannot Eliminate Subrogation Rights
By Tred R. Eyerly on
The issue before the New York Court of Appeals in Fasso v. Independent Health Assoc., No. 21 (N.Y. Feb. 24, 2009) [here] was whether the injured party and the tortfeasor could settle on terms that extinguished the insurer's subrogation rights?
Plaintiff was treated by Dr. Doerr and subsequently developed complications that…