The magistrate's recommended decision found that damage to plaintiffs' home caused by boats that became loose during Hurricane Sandy was not barred as "water borne material" under the surface water exclusion. Spindler v. Great N. Ins. Co., 2016 U.S. Dist. LEXIS 16532 (E.D. N. Y. Feb. 2, 2016).
Plaintiffs' home abutted the
There was no coverage based upon the plain language of a contingent time element provision regarding business interruption coverage. Directv v. Factory Mut. Ins. Co., 2016 U.S. Dist. LEXIS 12320 (C.D. Cal. Feb. 1, 2016).
The insured, Directv. contracted with four companies to provide "set-top boxes" (STBs) or receivers, to pick up
The court denied the insurer's and the contractor's cross motions for summary judgment. Core Construction Servs. Southeast v. Crum & Forster Specialty Ins. Co., 2016 U.S. Dist. LEXIS 11487 (M.D. Fla. Feb. 1, 2016).
Core Construction was the general contractor for the Artisan Club Condominium Community project. Core Construction hired a subcontractor
In responding to a certified question, the New Hampshire Supreme Court held that the excess carrier's duty to defend is not triggered until the primary's insurer's policy is exhausted. Old Republic Ins. Co. v. Stratford Ins Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016).
Old Republic and Stratford each provided coverage
The Fifth Circuit found that two storms causing damage to a drilling rig constituted two occurrences, mandating payment of two deductibles. Seahawk Liquidating Trust v. Certain Underwriters at Lloyds London, 2016 U.S. App. LEXIS 871 (5th Cir. Jan 19,2016).
Seahawk's rig was three-legged, and rose from the seabed by jacking up of 375 foot-legs.
From our presentation this morning at ABA’s Insurance Coverage Litigation Committee’s annual meeting in Tucson. Our panel addressed withdrawal of the duty to defend. My co- presenters were Rina Carmel, Demetrius Rush, and Karin Aldama.
Sent from my iPhone
The district court determined there was a duty to defend based upon allegations that the insured's pillows and mattresses emitted an odor causing bodily injury and property damage to the underlying plaintiffs. Hartford Fire Ins. Co. v. Tempur-Sealy Int'l, Inc., 2016 U.S.Dist. LEXIS 6706 (N.D. Cal. Jan. 20, 2016).
The insured faced a
The Montana Supreme Court held that ambiguous language in the excess policy regarding aggregates provided an additional $4 million in CGL coverage. Westchester Surplus Lines Ins. Co. v. Keller Transport, Inc., 2016 Mont. LEXIS 9 (Mont. Jan. 12, 2016).
The insureds' tanker truck overturned and spilled 6,380 gallons of gasoline.
Because the contract between the parties failed to state that the insured was obligated to name the building owner as an additional insured, the owner was not an additional insured. Am. Empire Surplus Lines Ins. Co. v. Endurance Am. Specialty Ins. Co., 2016 N.Y. Misc. LEXIS 53 (N.Y. App. Div. Jan. 7, 2016).
The Iowa Supreme Court found that a separate action against the insurer for bad faith, filed after judgment was entered against the insurer on breach of contract, was barred by claim preclusion. Villarreal v. United Fire & Cas. Co., 2016 Iowa LEXIS 1 (Jan. 8, 2016).
The insureds' restaurant was severely damaged by
