For this month's edition, please click here
To receive this publication directly, please contact Brian Biggie at [email protected]
…
Continue ReadingAuthor: Goldberg Segalla
Second Circuit Court Finds That Excess Carrier’s Participation in Settlement May Make Declaratory Judgment Moot
Lumbermens Mut. Cas. Co.v. RGIS Inventory Specialists, LLC
(2nd Cir., December 11, 2009)
After a district court granted summary judgment against an excess insurer regarding whether it received timely notice of an underlying personal injury claim, the excess carrier appealed to the Second Circuit. While the appeal was pending, the excess insurer contributed $4.0 million towards settlement of the underlying personal injury claims. As a result, the named insured and underlying claimants argued the appeal was moot in that the insurer could not …
Continue ReadingCases From Goldberg Segalla’s Professional Liability Monthly
Download Columbian Financial v. Bancinsure
Download Illinois Union v. Brookstreet
Download Liberty Ins. v. Camden Clark Hosp.
Download Ross v. Continental Cas.
All cases provided courtesy of Lexis Nexis. …
Continue ReadingSummary Judgment Sought for Insurers’ Delay in Asserting Defenses
Hinkle v. The North River Ins. Co.
(D. Alaska December 4, 2009)
The owners of property on which a dry cleaning business was operated seek a declaratory judgment against the prior owners’ insurers, preventing them from denying coverage for claims plaintiffs made against the prior owners to recover for costs the state of Alaska assessed against plaintiffs to clean up the property.
In 1999, the insurers agreed to defend the prior owners under a reservation of rights, saying they could not locate the …
Continue ReadingCourt of Appeals Affirms Decision For Insurer Holding Doctor’s Wife Was A Medical Assistant Under The Statute And Therefore Was Providing Professional Services Precluding Coverage Under The Professional Services Exclusion
The Estate of Steven Tinervin v. Nationwide Mutual Ins. Co.
(Florida Court of Appeals, Fourth District, November 25, 2009)
Plaintiff appealed an adverse declaratory judgment in favor of the insurer, wherein the trial court found that the professional services exclusion of a business owner’s policy excluded coverage for services performed by the doctor’s wife in filing, and making the doctor aware of lab reports, knowledge of which, would have changed his treatment strategies.
Specifically, the plaintiff brought a wrongful death action against the doctor, …
Continue ReadingCourt of Appeals Affirms Decision For Insurer Holding Doctor’s Wife Was A Medical Assistant Under The Statute And Therefore Was Providing Professional Services Precluding Coverage Under The Professional Services Exclusion
The Estate of Steven Tinervin v. Nationwide Mutual Ins. Co.
(Florida Court of Appeals, Fourth District, November 25, 2009)
Plaintiff appealed an adverse declaratory judgment in favor of the insurer, wherein the trial court found that the professional services exclusion of a business owner’s policy excluded coverage for services performed by the doctor’s wife in filing, and making the doctor aware of lab reports, knowledge of which, would have changed his treatment strategies.
Specifically, the plaintiff brought a wrongful death action against the doctor, …
Continue ReadingDiet Pill Makers Seeking Coverage For Suits Alleging False Advertising
Basic Research v. Admiral Insurance Co. (D.C. Utah, November 30, 2009)
Policyholders, manufacturers and marketers of the weight loss pill Akavar 20/50, filed a suit in federal court seeking coverage for defense costs from their insurers for underlying cases accusing the policyholders of false advertising.
Some of the policyholders were first sued in November 2007 in a putative nationwide class action in Utah alleging that the ads regarding weight loss were misleading. In December 2007, the policyholders were hit with a similar …
Continue ReadingGoldberg Segalla’s CaseWatch Insurance December 4, 2009 Edition is Now Available
For a free copy click here
To receive CaseWatch directly sent to you via email, please contact [email protected] …
Continue ReadingUnderstanding the Synergism Among Social Media
This is an interesting article by Daniel Gerber and Michael Shalhoub on how to take advantage of the various social media tools available to attorneys.
For a free copy of the article click here…
Continue ReadingCases for CaseWatch: Insurance December 4, 2009 Edition
Cases Used with the Permission of Lexis
Download Berry & Murphy, P.C. v. Carolina Casualty Ins. Co.
Download Brown v. J.B. Hunt Transportation Services
Download City of Dillon v. Montana Municipal Ins. Auth.
Download Farmers Elevator, Inc. v. Hartford Life Ins. Co.
Download Federal Ins. Co. v. Executive Coach Luxury Travel
Download FountainCourt Homeowners' Assoc. v. American Family Mutual Ins. Co.
Download Interstate Aerials, LLC v. Great American Ins. …
Continue Reading