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Monthly Archives: July 2019

Smith v. Travelers Casualty Ins. Co.

(United States Fifth Circuit) – Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.

Adhav v. Midway Rent A Car, Inc

(California Court of Appeal) – Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic…

American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) – Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department’s…

Universal Cable Productions v. Atlantic Specialty Insurance

(United States Ninth Circuit) – In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned.

Gale v. Chicago Title Insurance Company

(United States Second Circuit) – Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the…

PHL Variable Ins. Co. v. Town of Oyster Bay

(United States Second Circuit) – Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence…

People v. Suh

(California Court of Appeal) – Affirmed. Allstate Insurance Company brought this action on behalf of the People of the State under Insurance Code section 1871.7. Allstate alleges Defendant guilty of submitting false or fraudulent claims to an insurance company. A jury found in favor of…

Neto v Atlantic Specialty Ins. Co

(United States Fifth Circuit) – Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer…

Frederking v Cincinnati Ins. Co

(United States Fifth Circuit) – Reverse and remand. Defendant advanced the theory that its insurance policy did not cover injuries caused by drunk driving collisions, because they are not “accidents”. The trial court granted summary judgment to Defendant, insurance company, stating that the intentional decision…

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