Archive | June, 2014

Cost of Matching Not Included in Actual Cash Value Payment

The U.S. Court of Appeals for the Third Circuit recently issued an unpublished opinion in Pellegrino v State Farm Fire and Cas. Co., 2014 WL 2446063 (June 2, 2014), addressing whether an insured is entitled to payment for matching materials as part of the actual cash value payment.  Applying Pennsylvania law, the […]

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Washington Court Addresses “First Party Insured” Requirement in IFCA

A Washington federal district court recently issued an opinion in Cox v. Continental Cas. Co., 2014 WL 2011238 (W.D. Wash. May 16, 2014).  The case addressed several extra-contractual insurance claims brought by a class of plaintiffs based on an assignment from the insured tortfeasor.  The court determined that the insured tortfeasor, […]

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Insurer Has No Duty to Defend Trademark Infringement Claims Per Ninth Circuit

On June 10, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a published opinion in Street Surfing, LLC v. Great American E&S Ins. Co., — F.3d —, 2014 WL 2576448 (9th Cir. 2014) addressing an insurance company’s duty to defend an insured in an intellectual property infringement […]

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Insurance Bad Faith Claim Dismissed as Redundant

On the heels of the recent decision by the Eastern District of New York in 433 Main Street Realty, LLC v. Darwin Nat’l Assur. Co., 2014 WL 1622013 (E.D.N.Y. Apr. 22, 2014), a judge in the Southern District of New York similarly dismissed an insured’s claim for insurance bad faith as being redundant.  In County […]

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Washington Court Clarifies Duty to Defend in Environmental Cleanup Claims

The Washington Court of Appeals, Division One, issued an opinion on June 2, 2014, addressing what triggers a duty to defend “any suit” in a commercial general liability (CGL) policy when the owner of a contaminated property faces potential strict liability.  In Gull Industries Inc. v. State Farm Fire and […]

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Bad Faith and Breach of Contract Claims Redundant Per Court

The U.S. District Court for the Eastern District of New York recently issued an opinion in 433 Main Street Realty LLC v Darwin Nat’l Assur. Co., 2014 WL 1622013 (E.D.N.Y. Apr. 22, 2014), addressing the redundancy of an insured’s claims for breach of the insurance contract and breach of the implied […]

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