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
Misrepresentation
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
Eighth Circuit Determines Alleged Misrepresentation Not Material
By Tred R. Eyerly on
The Eighth Circuit recently considered whether State Farm was authorized to deny coverage for fire loss based on the insured’s alleged misrepresentation. See Warren v. State Farm Fire & Casualty Co., No. 07-2010 (8th Cir. July 10, 2008).
The insured’s home was destroyed by a fire in the early…
Insurance Fraud
By Tred R. Eyerly on
While not exactly an insurance coverage case per se, the Intermediate Court of Appeals just came out with a new decision on jury instructions in a criminal insurance fraud case. See State v. Watanabe, No. 26777 (December 31, 2007). In short, an individual damaged his own car and attempted to file a vandalism…