In the year since Hurricane Sandy struck New Jersey, numerous lawsuits have been filed by consumers against insurance companies alleging “bad faith”.
No Leaks in This Defense: Carrier Obtained Summary Judgment Regarding Coverage for Gasoline Pipe Leakage
In a dispute surrounding an installation contract between a policyholder and the thirty-party plaintiff, the insured was alleged to have negligently installed a gasoline pipe leading from a gasoline holding tank to a marina on the third-party plaintiff’s property where gasoline was sold.
The IMU opinion is an interesting example of legal gymnastics. The lead opinion engages in “interpretation” followed by “construction” – distinguishing between the two – in order to give meaning to the operative insurance policy.
In Motor Vehicle Accident, Insurer of Vehicle Owner Owes Primary Coverage Despite “Other Insurance” Provisions
In October 2008, Jayme Lynn Jones, an employee of Hook & Anchor (H&A) was involved in a collision with Alexander Kosaka while Jones was driving a truck owned by Chemical Weed Control, Inc. (Chemical Weed). American States Insurance Company (American) insured H&A. ACE American Insurance Company (ACE) insured Chemical Weed. American tendered the defense of H&A in the ensuing litigation to ACE, which ACE denied.
Suit Limitation Provision Does Not Apply to Intervenor: Connecticut Supreme Court Finds Motion to Intervene Relates Back to Date of Complaint
In Austin-Casares v. Safeco Ins. Co., 2013 Conn. LEXIS 409 (Dec. 3, 2013), the Connecticut Supreme Court, in a case of first impression, reversed a trial court’s decision, which held that the suit limitation provision unambiguously precluded a mortgagee from intervening in a suit when the motion to intervene was filed after the suit limitation period had expired.
On November 29, 2013, United States District Court Judge Margaret M. Morrow granted summary judgment to Barger & Wolen LLP client Mitsui Sumitomo Insurance Company of America in Lucky Leather Inc. v. Mitsui Sumitomo (Case No. CV12-09510-MMM).
There’s an old story about famous Greek orators. When Demosthenes would speak, the people would say, “My, what a pretty speech!” But when Cato would speak, the people would say, “On to Carthage.” That’s because Cato was a one-issue guy (“Carthage must be destroyed”), and was excellent at convincing his listeners of the need for immediate action.
When you think about it, balance is really important. It is hard to imagine how we all stand steady on a planet that is rotating on its access and rotating around the sun.
A recent case made it very clear that insurance companies will try to move mountains to get a disability claim covered by ERISA. Insurance companies, which usually are cold to anything but profits, are “hot” for ERISA as the law has been adjudicated down through the years by the courts.
It is nothing new for private securities litigation to follow in the wake of a company’s announcement that it is the target of an SEC investigation.