The California court of appeals in Nickerson v. Stonebridge Insurance Co. 5 Cal App, 5th 1,209 Cal Rptr. 3d 690 (2d Dist., November 3, 2016) recently found that the Court was constrained by case law in California and the California constitution from allowing a...
Month: June 2017
CALIFORNIA COURT FINDS THAT SPECULATION UPON HOW AN EMPLOYEE WAS INJURED DID NOT GIVE RISE TO A POTENTIAL FOR COVERAGE AS AN ADDITIONAL INSURED
The issue of whether a general contractor qualified as an additional insured under a sub contactor excess policy for a work related injury turned on whether there was evidence that the sub-contractor caused the claimants injuries according to the recent case of Advent...
MAINE SUPREME COURT WAYS IN ON APPORTIONING DAMAGES
The Maine Supreme Court in Harlor v. Amica Mutual Ins. Co., 2016 WL 6518589 (ME November 3, 2016) held that when an insurance company refuses to defend its insured on a mixed complaint containing allegations of both potentially covered and uncovered claims the insurer...
KENTUCKY COURT FINDS THAT OWNED-BUT-NOT-SCHEDULED POLICY EXCLUSION FROM UIM COVERAGE WAS ENFORCEABLE
Kentucky Supreme Court held in Philadelphia Indem. Ins. Co., Inc. v. Tryon, 502 S.W.3d 585 (Ky. 2016) that UIM exclusion pertaining to owned-but-not-scheduled automobiles were enforceable under Kentucky law provided that the policy expressly and plainly apprised the...
THE CALIFORNIA COURT OF APPEALS FINDS THAT A 10:1 RATIO OF COMPENSATORY DAMAGES TO PUNITIVE DAMAGES IS APPROPRIATE IN AN INSURANCE BAD FAITH CASE AND THAT THE RATIO SHOULD BE NO HIGHER
In Nickerson v. Stonebridge Life Ins. Co., 5 Cal.App.5th 1, 209 Cal.Rptr.3d 690 (2nd Dist. 2016), the California Court of Appeals recently reduced a $19M punitive damages award in an insurance bad faith case to $475,000 applying a 10:1 ratio of compensatory damages to...