(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…
(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…
(California Court of Appeal) – Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.
(United States First Circuit) – In a qui tam action alleging, among other things, that defendant violated the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, by promoting medically unnecessary replacements of batteries in nerve stimulator devices used to…
(United States First Circuit) – In a diversity suit arising from the refusal of insurer-defendant to defend and/or indemnify its named insured, an attorney, against claims of a plaintiff suing in his capacities as executor of the estate of a woman with whom the attorney…
(United States Supreme Court) – In a qui tam suit under the False Claims Act (FCA), 31 U. S. C. sections 3729-3730, filed under seal by former insurance claims adjuster-relators against insurer-defendant in the wake of Hurricane Katrina, claiming that defendant instructed relators and other…
(California Court of Appeal) – In a complex insurance coverage action involving multiple primary and excess insurers and policies, arising out of an injury that a worker sustained during a construction project, the trial court’s judgment is affirmed where it did not err when it…
(California Court of Appeal) – In an insurance coverage action, arising out of a suit brought by a homeowner’s insurer against a contractor who installed a fireplace that caused a fire which destroyed the home, the trial court’s grant of summary judgment that contractor’s insurer…
(California Court of Appeal) – In a negligence action arising out of a car collision, the trial court’s judgment in favor of uninsured plaintiff is affirmed where: 1) Howell v. Hamilton Meats & Provisions, Inc. (2011) does not cap a plaintiff’s damages to the amount…
(California Court of Appeal) – In a suit against an insurance company that denied uninsured motorist coverage to a third party beneficiary injured in an automobile accident because it had cancelled the policy before the accident occurred, brought by the third party, the trial court’s…
