Recently the 5th Circuit Court of Appeals in Singleton v. Elephant Insurance Co., 953 F.3d 334 (5th Cir. 2020), held that an insurance policy provision which limited the insurer's liability for a totaled car to "actual cash value" of the car at the time of the...
Month: September 2020
UNDER MINNESOTA LAW, THE 8TH CIRCUIT FINDS THAT EXCESS INSURERS THAT DID NOT PARTICIPATE IN THE INSURED’S DEFENSE WERE ALLOWED TO SEEK ALLOCATION OF THE JURY’ VERDICT BETWEEN COVERED AND NON-COVERED CLAIMS
In RSUI Indemnity Co. v. New Horizon Kids Quest, Inc., 933 F.3d 960 (8th Cir. 2019), applying Minnesota law, the 8th Circuit held that when an excess insurer had not participated in the insured's defense, that insurer was allowed the opportunity to allocate the jury's...
MEDICAL NECESSITY IS CONSIDERED BY WASHINGTON SUPREME COURT
In Strauss v. Premera Blue Cross, 449 P.3d 640 (Wash. 2019), the Washington Supreme Court considered the concept of medical necessity.In Strauss, the insured plaintiff was diagnosed with prostate cancer. The insured's doctor recommended proton beam therapy rather than...