In Mt. Vernon Fire Ins. Co. v. Vision Aid, Inc., 875 F.3d 716 (1st Cir. 2017) (interpreting Massachusetts law), the First Circuit Court of Appeals found that the mere filing of a counterclaim did not create a conflict of interest for defense counsel. In this case, the...
Month: February 2021
FAIR DEBATABILITY UPHELD BY IDAHO SUPREME COURT
In Cedillo v. Farmers Ins. Co., 408 P.3d 886 (Idaho 2017) the insured sued Farmers Insurance for bad faith arising out of the presentation of a UIM claim. In this case, Farmers did not dispute that its policy provided UIM coverage to the insured. The dispute between...
UNDER MISSOURI LAW, SHODDY WORKMANSHIP DOES NOT CONSTITUTE AN “OCCURRENCE” FOR PURPOSES OF INSURANCE COVERAGE
In American Family Insurance Co. v. Mid-American Grain Distributors, LLC, 958 F.3d 748 (8th Cir. 2020) (interpreting Missouri law) held that shoddy workmanship was not an occurrence. Focusing on the term “accident,” the 8th Circuit noted that Missouri courts gave the...