The Oregon Supreme Court recently issued an en banc opinion in Wright v. Turner, 354 Or —, — P3d —, 2014 WL 662164 (2014), addressing the definition of the term “accident” as used in the underinsured/uninsured motorist (UM/UIM) provisions of an automobile insurance policy. The issue arose in the context […]
Archive | February, 2014
Oregon Court Addresses Insurer’s Duties to Defend and Indemnify
By Scott MacLaren on February 24, 2014 in Commercial General Liability, Duty to Defend, Duty to Idemnify, Insurance Coverage
On February 20, 2014, the Oregon Court of Appeals released an opinion in Leach v. Scottsdale Indem. Co., 261 Or App —, — P3d —, No. A151680 (Feb. 12, 2014), addressing an insurance company’s duty to defend and duty to indemnify under a commercial general liability policy. The case concerned […]
Suit Limitation Provision Held Unreasonable by New York Court
By Scott MacLaren on February 20, 2014 in Fire Loss, Homeowner's and Property Insurance, Insurance Coverage, Replacement Cost, Suit Limitation Period
On February 13, 2014, the Court of Appeals of New York issued an opinion in Executive Plaza, LLC v. Peerless Ins. Co., — N.E.3d —, 2014 WL 551251 (N.Y. 2014) addressing a certified question from the U.S. Court of Appeals for the Second Circuit concerning application of a two-year suit limitation […]
Washington Court of Appeals Holds Insurance Company Liability Liable for PIP Wage Loss
By Scott MacLaren on February 12, 2014 in Attorney Fees, Automobile Insurance, Extra-Contractual Insurance Claims, Insurance Coverage, Insurance Fair Conduct Act (IFCA), Personal Injury Protection (PIP), Wage Loss/Income Continuation
The Washington Court of Appeals issued an unpublished opinion on February 10, 2014, on an insured’s entitlement to wage loss benefits under the personal injury protection (“PIP”) coverage available in an automobile insurance policy. In addition, it addressed the applicability of the Insurance Fair Conduct Act (“IFCA”) in the context […]
Third-Party May Satisfy Self-Insured Retention Provision Per Florida Court
By Scott MacLaren on February 11, 2014 in Duty to Defend, Duty to Idemnify, Insurance Coverage, Self-Insured Retention
On February 6, 2014, the Florida Supreme Court issued an opinion on the requirements for satisfying a self-insured retention provision in a liability insurance policy and application of the “insured made whole” doctrine. The case of Intervest Construction of Jax, Inc., et al. v. General Fidelity Ins. Co., 2014 WL […]
Anti-Assignment Clause Does Not Bar Post-Loss Claim Assignment Per Tenth Circuit
UPDATE: On April 15, 2014, the Tenth Circuit vacated its opinion in the City Center West, LP v. American Modern Home Ins. Co. matter in an order on the insurer’s petition for rehearing insurer’s petition for rehearing. The insurer filed a motion for reconsideration based on evidence establishing that the […]
No Direct Bad Faith Action for Third Party Liability Claimant in Washington
A judge in the U.S. District Court for the Western District of Washington recently re-affirmed the long-standing principle under Washington law that a third party claimant under a liability insurance policy cannot directly sue the insurance company for bad faith. The case, which was titled Gebrekidan v USAA Ins Co., […]
Oregon Judge Grants Summary Judgment on Fraud/Misrepresentation
By Scott MacLaren on February 4, 2014 in Concealment, Fire Loss, Insurance Coverage, Insurance Fraud, Misrepresentation
A judge in the Federal District Court of Oregon recently granted summary judgment in favor of two insurance companies on a breach of contract claim on the basis that the policyholder “participated in the theft and misrepresented facts regarding the loss” in Gerke v Travelers Cas, Ins Co. of America, […]
King County, Washington Judge Imposes Discovery Sanctions
Late last week, in Belanich v. Employers Fire Ins. Co., Cause No. 12-2-14368-4 SEA, Judge Julie Spector of the King County Superior Court ordered that an insurance company pay significant sanctions for discovery violations following a hearing on a Fisons Motion. In support of the sanctions, the Order entered by […]