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Monthly Archives: April 2019

Tran v. Minnesota Life Insurance Co.

(United States Seventh Circuit) – In a dispute over life insurance coverage, held that a policy exclusion was applicable because a man’s death from engaging in an act known as autoerotic asphyxiation qualified as intentionally self-inflicted injury.

Lloyd’s Syndicate 457 v. FloaTEC, L.L.C.

(United States Fifth Circuit) – Held that insurers that paid a claim arising from the failure of a floating oil-drilling platform could not proceed with a subrogation claim against an engineering firm that helped secure the platform to the ocean floor. Also addressed an arbitrability…

Ingenco Holdings, LLC v. ACE American Insurance Co.

(United States Ninth Circuit) – In an insurance coverage dispute, revived an industrial plant’s claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling.

Dudek v. Dudek

(California Court of Appeal) – Addressed a dispute regarding who was entitled to monies paid under a life insurance policy. The issue concerned an irrevocable life insurance trust. Reversed the sustaining of a demurrer.

Foster v. Principal Life Insurance Co.

(United States Fifth Circuit) – Held that an insurance company did not abuse its discretion in denying disability benefits to an attorney who stopped working due to intractable migraines. Affirmed the judgment below in this ERISA case.

Milligan v. CCC Information Services Inc.

(United States Second Circuit) – Held that an automobile insurance policyholder who was unhappy with the handling of her claim for the total loss of her vehicle did not have to submit the dispute to a panel of appraisers, as set forth in the policy….

Western Heritage Ins. Co. v. Frances Todd, Inc.

(California Court of Appeal) – Held that an insurance company could not bring a subrogation claim against its insured’s tenant (a furniture manufacturing business) for amounts paid out under a fire insurance policy, even if the tenant was negligent. Affirmed a summary judgment ruling.

Valls v. Allstate Insurance Co.

(United States Second Circuit) – Held that homeowners were not insured for their home’s allegedly defective concrete foundation. The gradual deterioration of their stillā€standing basement walls did not constitute a covered "collapse" under their homeowner’s insurance policy. Affirmed a dismissal.

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