Where a remediation company filed suit within three years of the date that coverage for its work on a church’s real estate was partially denied, but more than three years from the date of loss, its declaratory judgment and breach ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Roger L. Gregory

Where the decedent’s daughter and partner both claimed life insurance proceeds, the funds were interpleaded into the court’s registry because there was jurisdiction over the dispute and the insurance carrier agreed to deposit the funds with the court. Background On ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where a salon sought coverage under its business loss policy for losses suffered when it closed because of Covid orders, the insurer prevails because its virus exclusion precluded claims for business losses related to the COVID-19 pandemic. Background Adorn Barber ...

Tagged with: Insurance Judge Robert E. Payne U.S. District Court - Eastern District

Where the plaintiff was sued following a merger, the insurance carriers had a duty to provide indemnity coverage for any settlements or adverse judgments because an exclusion did not unambiguously exclude the merger from coverage. Background In this insurance coverage ...

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

Where an indoor sports arena waited 18 months before notifying its insurer about an accident on its premises, and the insurer experienced difficulty in investigating the accident, including interviewing witnesses, it had no duty to defend or indemnify the facility. ...

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

Where a minor driver who was involved in a car accident had neither the legal authority nor permission to drive, the carrier had no duty to provide coverage for the losses because of an exclusion stating “we do not provide ...

Tagged with: Insurance Judge Roderick C. Young U.S. District Court - Eastern District

A woman who intended to live with her grandfather was not a member of his household and therefore not eligible for uninsured motorist coverage after she was injured in a traffic accident. Subjective intent is a factor in determining whether ...

Tagged with: Insurance Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

A federal judge has ruled in favor of an insurance company in a coverage dispute stemming from an accident involving a driver who obtained permission to drive via fraud. In issuing summary judgment in favor of the defendant insurance company, ...

Tagged with: Fraud Insurance Judge Roderick C. Young Motor vehicle negligence U.S. District Court - Eastern District

Where the removing party in an insurance coverage declaratory judgment action could not show that there was clear diversity among the parties, the case was remanded to state court. Background This matter is a declaratory judgment action filed by State ...

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

Where an insurance carrier sought a declaratory judgment that its policy was not implicated by a state court wrongful suit arising out of the shooting of a Lyft driver, its suit was dismissed because determination of the facts was better ...

Tagged with: Insurance Judge Rebecca Beach Smith U.S. District Court - Eastern District