Release Did Not Cover All Claims

No Defamation Defense Under Renter’s Policy

By Deborah Elkins
Published: March 14, 2013
Tags: 4th U.S. Circuit Court of Appeals, Insurance, Judge Andre M. Davis

Although a parent defending a defamation suit says her only intention in accusing an aide at the Maryland School for the Deaf of sexually abusing her son was to protect the child, the accusation nevertheless was an intentional act, and not an “occurrence” under her renter’s insurance policy that would trigger Allstate’s duty to defend; [...]

‘Slayer’ Rule Not Barred by Insanity Defense

By Deborah Elkins
Published: March 13, 2013
Tags: Insurance, Justice Donald W. Lemons, Supreme Court of Virginia

A man with a history of mental illness who was found not guilty by reason of insanity for the murder of his mother is a “slayer” under Va. Code § 55-401 and is barred from recovering from her estate; the Supreme Court of Virginia affirms judgment for the slayer’s brothers who are beneficiaries of the [...]

CGL Excludes Performance Related Claims

By Deborah Elkins
Published: March 12, 2013
Tags: Insurance, Judge Henry E. Hudson, U.S. District Court - Eastern District

In homeowners’ action under the commercial general liability policy of a bankrupt construction contractor, the Richmond U.S. District Court grants insurer summary judgment: homeowners’ asserted grounds of relief—fraud, misrepresentation and breach of contract—are all performance-related and expressly excluded under policy terms standard in the industry. Property owners contracted with construction contractor to repair flood damage [...]

Umbrella policy of $1,000,000 could apply to accident claim – Settlement

By Virginia Lawyers Weekly
Published: March 4, 2013
Tags: Federal Courts, Insurance, Personal Injury

This case involved insurance coverage for a June 2010 accident in which Theo Thomas II was hit by a car while on foot. The alleged tortfeasor sought coverage under her parents’ auto policies, including a $1,000,000 umbrella policy. The carrier argued it had no obligation to cover the driver under the parents’ umbrella because she [...]

Carrier Can’t Defeat Go-Kart Coverage

By Deborah Elkins
Published: February 27, 2013
Tags: Insurance, Judge Raymond A. Jackson, U.S. District Court - Eastern District

Applying Illinois law, a Newport News U.S. District Court refuses an insurance carrier’s request to reform an insurance contract to include an exception for covering go-karts used during a charity racing event in which plaintiff was injured; the court denies the carrier’s request for a declaratory judgment that it is not obligated to defend or [...]

Sports Bar Has No Coverage for Patron Claim

By Deborah Elkins
Published: February 7, 2013
Tags: Insurance, Judge Leonie Brinkema, U.S. District Court - Eastern District

Plaintiff owners of a sports bar do not have coverage for a premises liability suit filed by a former patron who alleges he was injured in a fight at the bar during a billiards tournament in 2008; the Alexandria U.S. District Court says the owners’ policy clearly excludes coverage for injuries arising from assault and [...]

No Coverage after Delayed Claim Notice

By Deborah Elkins
Published: January 29, 2013
Tags: Insurance, Judge Robert G. Doumar, U.S. District Court - Eastern District

A realty company that managed Virginia Beach vacation rentals lost its coverage under CGL and umbrella insurance policies because the company – mistakenly believing these policies would not apply – waited nearly three years to notify the carrier of an accident in which a child fell from a bunk bed in a rental property, the [...]

No CGL Coverage for Sub’s Poor Work

By Deborah Elkins
Published: January 25, 2013
Tags: Chesterfield County Circuit Court, Insurance, Judge Herbert C. Gill, Virginia Circuit Courts

Homeowners alleging a subcontractor’s defective workmanship caused damage to otherwise nondefective structures do not have coverage for an “occurrence” under a commercial general liability policy, and a Chesterfield Circuit Court grants summary judgment to defendant insurance carrier on the breach of express warranty claim. To determine whether a liability insurer has a duty to defend, [...]

No Insurance Coverage for Cancer Non-Disclosure

By Deborah Elkins
Published: December 18, 2012
Tags: Insurance, Judge Samuel G. Wilson, U.S. District Court - Western District

A widow cannot collect on her husband’s life insurance policy because she failed to disclose his diagnosis of metastasized pancreatic cancer when he applied for insurance, and the Roanoke U.S. District Court grants judgment on the pleadings to defendant insurance company. In September 2007, wife applied for the $50,000 policy and answered “No” to a [...]