In Progressive Northwestern Ins. Co. v. Gant, 957 F.3d 1144 (10th Cir. 2020) (interpreting Kansas law), the 10th Circuit Court of Appeals acknowledged that liability insurance companies had a duty to exercise reasonable care in the hiring of competent defense counsel...
Month: December 2020
INSURER NOT OBLIGATED TO INVESTIGATE THE AVAILABILITY OF INSURANCE COVERAGE TO SETTLE A CLAIM
In Progressive Northwestern Ins. Co. v. Gant, 957 F.3d 1144 (10th Cir. 2020) (interpreting Kansas law), the 10th Circuit held that a liability insurance company is not obligated to investigate the availability of other insurance to fund a settlement for excess...
IDAHO ADOPTS A BREACH OF CONTRACT STATUTE OF LIMITATION FOR UIM COVERAGE
In Klein v. Farmers Ins. Co. of Idaho, 165 Idaho 832, 453 P.3d 266 (Idaho 2019) the Idaho Supreme Court held that the UIM statute of limitations began to run on the date when the insurance company allegedly breached its contract with the insured. The Court found that...
IDAHO SUPREME COURT PERMITS UIM OFFSET
In Wood v. Farmers Ins. Co. of Idaho, 166 Idaho 43, 454 P.3d 1126 (Idaho 2019) the Court held that where a UIM policy contained an offset provision which reduced the amount of UIM coverage by the liability limit of the at-fault driver, the offset was allowed by...
MINNESOTA COURT OF APPEALS FINDS THAT INSUREDS ARE REQUIRED TO ALLOCATE SETTLEMENTS BETWEEN COVERED AND NONCOVERED CLAIMS
Recently, the Court of Appeals in King's Cove Marina, LLC v. Lambert Commercial Constr. LLC, 937 N.W.2d 458 (Minn. Ct. App. 2019), review granted (Feb. 26, 2020) held that when an insured and a claimant enter into a Miller-Shugart agreement, the parties must allocate...