(Supreme Court of California) – Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction…
(United States Fifth Circuit) – Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.
(United States Fifth Circuit) – Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.
(United States Fifth Circuit) – Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy’s one year coverage limitation.
(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.
(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…
(United States Ninth Circuit) – Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer…
(United States Seventh Circuit) – Reversed and remanded. The district court’s entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court’s interpretation of the clause “as reported” to mean a report had…
(United States Seventh Circuit) – Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy’s active date. They suffered no prejudice from the…
(United States Seventh Circuit) – Held that a construction company’s surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet — equitable protection from probable future harm. The construction company allegedly had gone belly up on a…
