In Mallard Gutter Co. v. Farm Bureau Property and Casualty Insurance Co., 295 Neb. 419, 2016 WL 7486374 (filed 12/30/16), the insured's home was damaged by a storm. In order to repair the storm damage, the insured brought in a roofing company, Millard Roofing and...
Month: April 2018
Allegations That The Insured Unlawfully Acquired And Resold Sprint Phones Did Not Constitute Product Disparagement
In Wireless Buybacks, LLC v. Hanover American Insurance Co., 223 F.Supp.3d 443 (2016) the court held that Hanover had no duty to defend its insured under its policy's coverage for product disparagement against allegations that the insured had unlawfully acquired and...
Timing is Everything
The West Virginia Supreme Court holds that when the insurance company is fulfilling its duty to defend, courts had no jurisdiction to adjudicate the bad faith claim.In State ex rel. Universal Underwriters Ins. Co. v. Wilson, 801 S.E.2d 216 (W.V. 217) the Supreme Court...
Minnesota Court Finds Insurer Could Not Rescind Policy Notwithstanding Insured’s Agent’s Knowledge of Her Own Embezzlement at Time of Application
In Minnesota insurers are entitled to rescind their insurance policy when an application contains a material misrepresentation that increases the risk of loss. In National Credit Union Administration Board v. Cumis Insurance Society, Inc., 241 F.Supp.3d 934 (D. Minn....