An insurance company was not required to cover the loss of a yacht that sank after the owner failed to winterize it properly in accordance with the manufacturer’s instructions because the insurance policy covering the yacht explicitly excluded coverage for ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

An excess carrier forced to defend underlying suits after the primary carrier refused to do so may intervene in a coverage suit against the primary carrier. The excess carrier’s motion to intervene was timely, and its claim that the primary ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

Two companies that simply administer an insurance policy, and a third company that was involved in issuing the policy, were dismissed from a coverage suit because, while they are affiliated with the insurer, they are not parties to the policy. ...

Tagged with: Insurance Judge James P. Jones U.S. District Court - Western District

Two waste management companies failed in their attempt to secure insurance coverage from insurers because the relevant agreements only provided coverage if the plaintiffs were sued for conduct of another company. Because the plaintiffs were sued only for their own ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

An insurer is not required to defend its insured, an air conditioning company, in a suit alleging the company failed to install a working “chiller.” The underlying suit simply alleges that the air conditioning company failed to perform obligations required ...

Tagged with: Insurance Judge Robert S. Ballou U.S. District Court - Western District

A delivery driver who was injured after an incident in which he acted aggressively toward another driver who then struck him with his car in defense was not entitled to insurance benefits because the insurance policy expressly excluded injuries resulting ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

The plaintiffs were not entitled to insurance coverage because the relevant agreements only provided coverage if the plaintiffs were sued for conduct of another company. Because these plaintiffs are not being sued for the conduct of that other company, and ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

A judge’s ruling last month applying Virginia auto insurance law to a Tennessee-registered truck cleared the way for a $2.1 million settlement of an accident that claimed two family members. The noontime crash two years ago on a Scott County ...

Tagged with: Auto Accident Insurance Million-Dollar Settlements

The court joined its sister circuits in holding that, where a party obtains a judgment against an insured, and then sues that insured’s carrier, that second suit is not a “direct action” within meaning of 28 U.S.C. § 1332(c)(1). Furthermore, ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Albert Diaz

The manager of a Virginia Beach strip club who claims he was badly injured in a brawl with two unruly customers will get a chance to establish insurance coverage for his claim in federal court. U.S. District Judge M. Hannah ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District