Does a carbon monoxide leak in a duplex apartment building constitute a single occurrence or multiple occurrences for purposes of liability insurance? This question was recently answered by the West Virginia Supreme Court of Appeal in Kosnoski v. Rogers, 2014 WL...
The question of whether carbon monoxide constitutes a pollutant for purposes of a standard policy pollution exclusion has been mixed among the courts. Whether carbon monoxide constitutes pollution is jurisdiction-specific and depends on whether the jurisdiction...
Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insurance Co., 2016 WL 1752764 (M.D. Fla. April 29, 2016) the court considered the so-called “Powell rule” where the...
As an issue of first impression, the Massachusetts Supreme Judicial Court adopted the minority rule on priority of coverage, holding that after a primary automobile liability policy is exhausted, true excess policies and policies that are excess by virtue of other...
A divided Ohio Supreme Court recently held that in lawsuits brought against insurance agents for negligent failure to procure insurance, the statute of limitations in Ohio begins to run when the policy is issued. In LGR Realty, Inc. v. Frank & London Ins. Agency,...
As an issue of first impression, the Massachusetts Supreme Judicial Court adopted the minority rule on priority of coverage, holding that after a primary automobile liability policy is exhausted, true excess policies and policies that are excess by virtue of other...
A divided Ohio Supreme Court recently held that in lawsuits brought against insurance agents for negligent failure to procure insurance, the statute of limitations in Ohio begins to run when the policy is issued. In LGR Realty, Inc. v. Frank & London Ins. Agency,...
In the past, Rhode Island courts have upheld insurance policy provisions that require insureds to commence legal action against the insurance company within a time period that is less than the legislatively-enacted statute of limitations. See, e.g., National...
Under Minn. Stat. §604.18, insureds are entitled to recover taxable costs when an insurance company unreasonably denies insurance benefits. The statute provides a remedy of one-half of the “proceeds awarded” that are in excess of an amount offered by the insurer or...
Recently the United States 11th Circuit Court of Appeals held, in Great American Alliance Insurance Co. v. Anderson 847 F.3d. 1327 (11th Cir. 2017) that an employee did not go beyond the scope of the employer’s permissive use of a company vehicle when the employee...