The U.S. Court of Appeals for the Third Circuit recently issued an unpublished opinion in Pellegrino v State Farm Fire and Cas.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 […]
Archive | June, 2014
Insurer Not Prejudiced by Two Year Delayed Notice of Claim
An Iowa federal court judge recently issued a ruling in Michigan Millers Mut. Ins. Co. v. Asoyia, Inc. et al., U.S. Dist. Court for the S.D. Iowa, Case No. 11-cv-00006-CRW (April 23, 2014), addressing a liability insurer’s claim that it did not have a duty to defend or indemnify its […]
Economic Obsolescence Not Considered in Calculating Actual Cash Value
By Scott MacLaren on June 20, 2014 in Actual Cash Value, Homeowner's and Property Insurance, Obsolescence
On June 17, 2014, the U.S. Court of Appeals for the Sixth Circuit addressed the meaning of the term “obsolescence” as used in an insurance policy in the context of determining the “actual cash value” of a fire loss in the case titled Whitehouse Condo. Group., LLC v. The Cincinnati […]
Oregon Court Addresses Collapse Condition
By Scott MacLaren on June 19, 2014 in Collapse, Homeowner's and Property Insurance, Insurance Coverage
On May 21, 2014, the federal district court in Oregon issued an opinion in Tarleton, LLC v State Farm Fire and Cas. Co., 2014 WL 2126567 (D. Or. May 21, 2014), addressing whether a collapse condition was covered under an “all risk” insurance policy. The court found that the collapse […]
Washington Court Addresses “First Party Insured” Requirement in IFCA
By Scott MacLaren on June 18, 2014 in Assignment, Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA), Negligence
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, […]
Insurer Has No Duty to Defend Trademark Infringement Claims Per Ninth Circuit
By Scott MacLaren on June 13, 2014 in Commercial General Liability, Duty to Defend, Insurance Coverage, Intellectual Property Exclusion
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 […]
Ninth Circuit Addresses “Arising Out Of” Language in Duty to Defend Case
On May 23, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a brief unpublished opinion addressing the application of the phrase “arising out of” as used in a insurance policy exclusion. In Trenches, Inc. v Hanover Ins. Co., — Fed.Appx. —, 2014 WL 2142216 (9th Cir. May 23, 2014), the insured claimed […]
Insurance Bad Faith Claim Dismissed as Redundant
By Scott MacLaren on June 8, 2014 in Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Coverage
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 […]
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 […]
Bad Faith and Breach of Contract Claims Redundant Per Court
By Scott MacLaren on June 5, 2014 in Commercial General Liability, Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Coverage, Uncategorized
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 […]