Recently the U.S. Fifth Circuit Court of Appeals held, predicting the law of Mississippi, that when a driver was immune from suit, UIM coverage was not triggered because the insured would not be "legally entitled" to recover damages from a tortfeasor with no civil...
Month: April 2020
ARE YOU A VOLUNTEER? THE MISSISSIPPI COURT WEIGHS IN
Recently, the Mississippi Supreme Court adopted a broad interpretation of the "volunteer defense" to claims asserting equitable subrogation and indemnity. The Court in Colony Ins. Co. v. First Specialty Ins. Corp., 262 So.3d 1128 (Miss. 2019) held that when an...
BOTH THE INSURANCE COMPANY AND THE INSURANCE BROKER ARE REQUIRED TO PROVIDE THE MORTGAGEE WITH A STATUTORY CANCELLATION NOTICE OF THE POLICY FOR NONPAYMENT OF PREMIUM IN MISSISSIPPI
In James Allen Ins. Brokers v. First Financial Bank, 267 So.3d 759 (Miss. 2019), the Court held that a mortgagee was entitled to coverage under a binder notwithstanding the insured mortgagor's failure to pay the initial policy premium. In this case, the insurance...
ILLINOIS LAW REQUIRES A TWO-PRONG DETERMINATION IN BAD FAITH FAILURE TO SETTLE CASES
Recently the 7th Circuit Court of Appeals held, interpreting Illinois law, that to establish a bad faith failure to settle case under Illinois law, the claimant must prove both reasonable probability of liability and reasonable probability of damages in excess of the...
IMPORTANT CASE FOR CLAIM ADJUSTER LIABILITY
In Essex Insurance Co. v. William Kramer & Assoc., 331 Conn. 493, 205 A.3d 534 (2019), the Connecticut Supreme Court issued an important decision regarding the statute of limitations for claims brought by insurers against TPAs.Under Connecticut law there is a...