Cases for January 14, 2010 CaseWatch: Insurance

Cases Provided Courtesy of Lexis

Download American States Ins. Co. v. Progressive Casualty Ins. Co. 

Download Amerisure Mut. Ins. Co. v. Hall Steel Co. 

Download Builders Mut. Ins. Co. v. Kalman dba Kalman Const. Corp.

Download Burlington Northern and Santa Fe Railway Co. v. National Union Fire Ins. Co. of Pittsburgh, PA 

Download Derousse v. State Farm Mut. Auto. Ins. Co.

Download Erie Ins. Exchange v. Larrimore 

Download GEICO Indem. Ins. v. Progressive Ins. Co. 

Download GEICO Indem. Ins. v.

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Cases for December 23, 2009 CaseWatch: Insurance

Cases provided with the permission of Lexis.

Download Align Technology, Inc. v. Federal Ins. Co. 

Download Auto Owners Ins. Co. v. Omni Indemn. Co.

Download Busey Truck Equip., Inc. v. American Family Mut. Ins. Co. 

Download Century National Ins. Co. v. Garcia 

Download Cincinnati Ins. Co. v. Trosky 

Download Dumas v. American International Specialty Lines Ins. Co. 

Download Estate of Tinervin v. Nationwide Mutual Ins. Co. 

Download Gillund v. Meridian Mutual Ins. Co. 

Download Hastings Mut. Ins. Co.

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Court 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,

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Diet 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

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Cases 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 Eisenman v. GEICO 

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 Gutierrez v. Yochim 

Download Interstate Aerials, LLC v. Great American Ins.

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CaseWatch: Insurance Cases for November 24, 2009 Issue

Allstate Life Ins. Co. v. Dall 

American Modern Home Ins. Co. v. Corra

Association of Unit Owners of Nestani v. State Farm Fire and Casualty Co. 

Bankers Ins. Co. v. Prezzy 

Bradshaw v. Chandler 

Cal Dive International v. Seabright Ins. Co. 

Century Surety Co. v. Master Design Drywall, Inc. 

Chrysler Ins. Co. v. Greenspoint Dodge of Houston, Inc.

Clinch v. Generali-U.S. Branch 

Employers Reinsurance Corp. v. The Thomson Corp. 

Erie Ins. Co. v. JMM Properties, LLC 

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CaseWatch: Insurance Cases for November 12, 2009 Edition

Download AmCal General Contractors, Inc. v. ACE USA Company 

Download Bituminous Casualty Corp. v. Buckley

Download Brigitte v. National Life Ins. Co.

Download Bryant v. Hopkins 

Download Century Indemnity Co. v. Certain Underwriters at Lloyd's London 

Download Chehardy v. Allstate Ins. Co. 

Download Colony Ins. Co. v. Peachtree Construction, Ltd. 

Download Corban v. U.S. Automobile Assoc. 

Download Esquivel v. Workers' Compensation Appeals Board and Corrections Corporation of America San Diego Detention 

Download Estate of Bozeman v. Muller 

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Second Circuit Won’t Rule on Constitutionality of NY Workers Comp Amendments

Liberty Mut. Ins. Co. v. Hurlbut

(2nd Cir. (N.Y.) Nov. 4, 2009)

 

The Second Circuit refused to exercise federal jurisdiction over claims by Liberty Mutual that recent amendments to New York’s Workers Compensation Law are unconstitutional. Liberty’s claims stemmed from an amendment to the Workers Compensation Law that requires insurers to make deposits to an aggregate fund for all permanent partial disability cases. Another amendment bestows settlement authority for indemnity benefits on trustees of that aggregate fund. Liberty and its affiliates sued the

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