Third Party Claimant has no Right to Tort Damages for Bad Faith by Other Party’s Insurer
See the full video at https://rumble.com/vf6z1v-a-video-explaining-why-there-is-no-tort-remedy-for-non-insurance-bad-faith.html?mref=6zof&mrefc=2 and at https://youtu.be/wf_si02jebc
The Supreme Court of California was faced with the question of “whether an insurance company’s
Insurance
Insured’s Claim Under Computer Transfer Fraud Provision Denied
The Fifth Circuit upheld the district court’s denial of coverage under the policy’s Computer Transfer Fraud provision. Mississippi Silicon Holdings, L.L.C. v. Axis Ins. Co., 2021 U.S. App. LEXIS 3112 (5th Cir. Feb. 4, 2021).
Mississippi…
False Estimate by “Consultant” Adopted by Insured is Fraud
A Video Explaining the Availability of Coverage for Defense if there is a Potential for Indemnity
The Duty to Defend and Potentiality
See the full video at https://rumble.com/vf5p91-a-video-explaining-the-availability-of-coverage-for-defense-if.html and at https://youtu.be/t6iJrxHe3VE
In the leading case of Gray v. Zurich Ins. Co. 65 Cal.2d 263, 54 Cal. Rptr. 104 (1966) the Supreme Court of California set the…
“Cause Theory” Applied to Determine One Accident from Two Collisions
Jury to Decide if Adjuster’s Instruction to Insured Waived Date of Loss
Stone Creek Condominium Owners Association, Inc. (“Stone Creek”),1 suffered a hail loss in 2016 for which it submitted a claim to its property insurance carrier, Charter Oak Fire Insurance Company (“Charter”). Charter inspected and issued payment in accordance with its…
A Video Explaining the Trigger of Coverage for Property Damage
The Property Damage Trigger of Coverage
See the full video at https://rumble.com/vf2fn5-a-video-explaining-the-trigger-of-coverage-for-property-damage.html and at https://youtu.be/6UDMJHAZL5U
The term “trigger of coverage” means “what event must occur for potential coverage to commence under the terms of the insurance policy” and “what must…
Agent’s Special Relationship with Insured Requires Advice on Coverage Needed
Summary: To avoid rescission, insurance applicant must disclose facts when prompted by insurer
When concluding an insurance contract, the insurance applicant has a duty of disclosure. The applicant is not obliged to disclose information unless the insurer enquires.
The insurer’s remedy for breach of this duty varies. The insurer can either:
- Rescind the
…
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
In a matter of first impression, a Kentucky appellate court held that the notice-prejudice rule does not apply to claims-made-and-reported policies. Darwin Nat’l Assurance Co. v. Kentucky State Univ., 2021 WL 1045716 (Ky. Ct. App. March 19, 2021).…