Where the automobile policy was effectively rescinded because the insured failed to pay the policy premium and ignored follow-up letters, the carrier had no duty with respect to a subsequent car accident. Background Plaintiff sought a declaration that it does ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

The property casualty insurer hired its own consultant to investigate claims brought against its insured by the City of Suffolk, defended the claims, sought input from the indemnitors and obtained a release of the bonds in exchange for a settlement ...

Tagged with: Insurance Judge Douglas E. Miller U.S. District Court - Eastern District

Where a water treatment service provider had knowledge prior to obtaining the policy that claims had been threatened after an explosion at a facility where it provided services, the insurer has no duty to defend the underlying suit filed after ...

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

Where the “primary purpose” of the declaratory judgment action was to determine whether the carrier owed the insured a duty with respect to a suit brought by a third party, the insured and third party were aligned in their interests. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where the record failed to show the plaintiff rejected underinsured motorist, or UIM, coverage at the time he bought his motorcycle, and failed to show the parts manager for the dealership was his implied agent, the policy was reformed to ...

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

Uninsured motorist coverage did not apply to injuries suffered by the plaintiff as a result of a physical fight with a customer at a gas station. The other combatant was neither the owner nor the operator of an uninsured motor ...

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

A critically injured Virginia truck driver is not covered by his employer’s uninsured motorist policy, even though the 2015 assault that put him in the hospital arose from a dispute over the way he was fueling his truck. The injured ...

Tagged with: Insurance Judge M. Hannah Lauck Motor vehicles Personal Injury U.S. District Court - Eastern District

Where a power plant made a claim for damages to its turbine and the carrier made “egregious” decisions in calculating the damages, including improperly discounting the damages of one of its own consultants, so they fell below the $500,000 deductible, ...

Tagged with: Insurance Judge Liam O'Grady U.S. District Court - Eastern District

Where the owner misrepresented the condition of his boat in order to reinstate previously cancelled coverage, and the insurance carrier paid $15,389.92 before it discovered the fraud, the carrier had no further responsibility and was entitled to recoup the monies ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

A homeowner’s carrier has no duty to cover injuries caused when the homeowner’s son punched another person because the intentional act was not an “accident,” and thus did not qualify as an “occurrence” under the policy. Background On Feb. 12, ...

Tagged with: Insurance Judge John A. Gibney Jr. U.S. District Court - Eastern District