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Category Archives: Insurance Law

SEC v. Stanford International Bank Ltd.

(United States Fifth Circuit) – Addressed insurance coverage issues in a securities fraud case. Held that the district court abused its discretion in approving a settlement agreement and so-called bar orders. Vacated and remanded for further proceedings, in this case involving a financial firm’s massive…

Evanston Insurance Co. v. William Kramer and Associates, LLC

(United States Second Circuit) – Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations.

McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) – Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision…

Ekhlassi v. National Lloyds Insurance Co.

(United States Fifth Circuit) – In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred.

Fidelity and Deposit Co. v. Edward E. Gillen Co.

(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…

McGlothin v. State Farm Mutual Insurance Co.

(United States Fifth Circuit) – In an insurance coverage dispute arising out of a car crash, construed Mississippi’s Uninsured Motorist Act. Held that the insurer was entitled to summary judgment in this diversity action.

Travelers Indemnity Co. v. Mitchell

(United States Fifth Circuit) – Held that a county government’s insurers had a duty to defend a civil rights lawsuit relating to the murder convictions of three innocent men who were later exonerated. The county contended that the insurance policies were triggered even though the…

Jozefowicz v. Allstate Insurance Co.

(California Court of Appeal) – In a dispute between a homeowner and a property insurance company over an allegedly misdirected check, held that the homeowner had no cause of action under a Uniform Commercial Code provision dealing with negotiable instruments. Affirmed summary judgment against the…

Mazik v. GEICO General Insurance Co.

(California Court of Appeal) – Upheld a punitive damages award against an automobile insurance company for unreasonably delaying payment to a policyholder after a car crash.

Cohen v. Allstate Insurance Co.

(United States Fifth Circuit) – Held that a homeowner could not proceed with a lawsuit against an insurance company related to a claim for flood damage. Affirmed summary judgment in favor of the insurer.

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