In Patel v. LM General Insurance Co., 922 F.3d 875 (8th Cir. 2019) (interpreting Missouri law) the 8th Circuit Court of Appeals found that there was no UM coverage for a fatal drive-by shooting because the violent act of the shooting arose from the conduct of the...
Month: May 2020
LABOR COSTS NOT PART OF ACTUAL CASH VALUE
Recently the Tennessee Supreme Court held that in calculating actual cash value, depreciation was part of the calculation. Where the policy does not define what depreciation means, the insurance company may depreciate the cost of the materials used in a repair...
PUTTING THE BRAKES ON SINGLE OCCURRENCE OUTCOMES IN ASBESTOS CASES
The Illinois Court of Appeals in Continental Casualty Co. v. Hennessy Industries, 2019 Ill. App. (1st) 180183 (April 23, 2019) reversed a trial court's ruling finding that there was only one occurrence arising from the insured's brake equipment asbestos exposure. The...
THIRD PARTY WORKERS COMPENSATION CLAIM ADMINISTRATORS ARE NOT SUBJECT TO BAD FAITH LIABILITY UNDER IOWA LAW ACCORDING TO THE IOWA SUPREME COURT
The issue of whether Iowa's common law cause of action for bad faith failure to pay workers compensation claims applied to third party claim administrators (TPAs) in the workers comp context was recently addressed by the Iowa Supreme Court by way of certified question...