The First Circuit recently determined the efficient proximate cause doctrine would not apply under Maine law. See First Specialty Ins. Corp. v. Am. Home Assurance Co., 2009 U.S. App. LEXIS 3943 (Feb. 27, 2009 1st Cir.).
The insured was hired to deliver a construction barge on the Merrimack River using a tug.
LexisNexis Insurance Law Center has asked insurance bloggers to post the following notice about nominations for "Insurance Law Persons of the Year."
The LexisNexis Insurance Law Center is now receiving nominations for the Center’s “Insurance Law Persons of the Year” award. The award seeks to identify and recognize people who have been a major
In a prior post, we discussed Cornhusker Cas. Ins. Co. v. Kachman, No. 06-35106 (9th Cir. Jan. 30, 2008). In the initial Cornhusker decision, the Ninth Circuit certified to the Washington Supreme Court the issue of whether a cancellation letter sent by certified mail but never received by the insured was effective under
Last April we reviewed the Hawai`i Intermediate Court of Appeals' (ICA) decision that the Insurance Commissioner's assessments against insurers were unconstitutional taxes. The Hawai`i Supreme Court recently affirmed in part, reversed in part. See Hawaii Insurers Council v. Lingle, 2008 Haw. LEXIS 287 (Haw. Dec. 18, 2008).
In 1999, the legislature created the Insurance
The Supreme Court recently granted certiorari in Travelers Indemnity Co. v. Baily, Case No. 08-295 (cert. granted Dec. 12, 2008). Although Travelers is a bankruptcy case, it addresses whether a settlement with an insured and its insurers bars future direct action claims against the insurance companies.
The insured, Johns-Manville Corporation, was reorganized in 1986 under protection of the
The Hawai`i Supreme Court recently affirmed the Intermediate Court of Appeal, deciding that a medical record review was not independent medical examination. See Gillian v. Government Employees Ins. Co., 2008 Haw. LEXIS 254 (Haw. Oct. 29, 2008). We reported on the ICA's decision here.
Gillian was injured in an auto accident while a passenger in
Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., No. 06-15664 (9th Cir. Oct. 20, 2008), the Court held the policy was not breached by the insured's waiver.
During a fire at
In Hawaii Management Alliance Assoc. v. Schmidt, 2008 U.S. Dist. LEXIS 69995 (D. Haw. Sept. 5, 2008), the the insured ("HMAA"), a mutual benefit society, challenged a memorandum issued by the Hawaii Insurance Commissioner which stated granting a plan administrator discretionary authority so as to deprive the insured of a de novo
Can an insured assign the rights to payment under its insurance policy even though the policy includes a consent-to-assignment clause? The Vermont Supreme Court recently answered, yes. See In re Ambassador Ins. Co., 2008 Vt. LEXIS 108 (Vt. Aug. 14, 2008).
Ambassador issued two occurrence-based excess policies to Green Industries
Just to prove we’ll do anything for our readers, this post is being made from my iPhone. Now we can blog 24/7!