Property & Casualty
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Failure to Satisfy Deductible Leads to No Coverage
October 16, 2023 | Historical Lit Watch
Frontline Fellowship failed to show that it had completed repair and replacement or that the actual cash value of the damaged property exceeded the policy deductible at the time of loss.
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No Occurrence Means No Coverage
October 02, 2023 | Historical Lit Watch
The court debated whether an underlying suit based on environmental harms committed by a commercial property owner could be considered an "occurrence" that triggered the duties of defense and indemnity.
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Nationwide Successfully Defends Against Bad Faith Claim
September 25, 2023 | Historical Lit Watch
Washington Street, LLC sued Nationwide for bad faith, alleging the carrier deliberately and unreasonably delayed policy payments after a building fire.
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Eight Corners Strip Coverage From Case
September 18, 2023 | Historical Lit Watch
Three strip clubs sought coverage for a state-court judgment from Princeton Excess and Surplus Lines Insurance Company.
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Concurrent Causation Falls Short to Assault-and-Battery Exclusion
September 04, 2023 | Historical Lit Watch
A CGL policy's assault and battery exclusion applied despite the arguments in favor of the concurrent causation rule.
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Drones and Sprinkler Heads - Not a Good Match
August 28, 2023 | Historical Lit Watch
The rental agreement between a landlord and two tenants who allegedly flew a drone in their apartment did not expressly state the tenant's would be liable for water damage caused by their own negligence.
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Decedent's Estate Seeking Coverage for Loss Caused by Trespassing Nephew
July 24, 2023 | Historical Lit Watch
This complaint was first surfaced by Law.com Radar.
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Mere 'Change' Not a Purchase Under Auto Policy
May 29, 2023 | Historical Lit Watch
The justices of the Pennsylvania Supreme Court ruled that a change in vehicles covered by an auto policy does not equate a "purchase" entitling the policyholders to another opportunity to waive UM/UIM stacking.
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Florida Courts Differ on Effect of Water Damage Sublimits
August 29, 2022 | Historical Lit Watch
A Florida homeowner claimed expenses for tearing out and accessing damaged plumbing should not be subject to the $5,000 cap because the endorsement did not limit "tear-out" expenses.
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Demands for In-House and Outside Counsel Surge as Insurance Litigation Jumps Almost 50%
August 01, 2022 | Historical Lit Watch
A new litigation report is a warning shot to insurers that they must increase their resources—both in-house and outside counsel—in at least two segments of the industry.