Where there was no diversity of citizenship in a case stemming from an auto accident that was removed to federal court on the issue of  whether a carrier had a duty to satisfy a judgment against its insureds, because the ...

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

Where the testimony and evidence at trial demonstrated the transportation company did not comply with two conditions required for coverage for damage to its vehicles caused by its own truck driver, including adding the driver to the policy, the carrier ...

Tagged with: Insurance Judge Leonie Brinkema U.S. District Court - Eastern District

Where the policyholder failed to establish Travelers owed it a duty independent of any alleged contractual duty, and simply pointed to the general duty under Virginia law to not commit actual, willful fraud, its constructive fraud claim was dismissed. Background ...

Tagged with: Insurance Judge Mark Davis U.S. District Court - Eastern District

Where the underlying suit alleged a doctor committed a series of intentional acts against his former coworkers, including brandishing a weapon, the doctor’s homeowners’ insurer had no duty to defend or indemnify him because the injuries were not the result ...

Tagged with: Insurance Judge Norman K. Moon U.S. District Court - Western District

Where an insurance provider asked whether it must pay a judgment against one party if another party prevailed in the underlying state court case and the district court resolved issues as part of its declaratory judgment ruling, that ruling was ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Julius N. Richardson

Where an employee was injured on the job by the owner of the home that was under construction, his suit against the owner is not precluded by the worker’s compensation exclusion or the employee indemnification and employer’s liability exclusion in ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Paul V. Niemeyer

Where a company sought coverage for alleged damages related to the seizure of a vessel by the Indian government which detained the guards and crew and charged them with importing weapons, no duty was owed by the insurer, as the ...

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

A pain management physician who showed up with a gun outside his former Albemarle County office does not have insurance coverage for two tort actions filed by colleagues allegedly traumatized by the incident, a judge has ruled. The colleagues are ...

Tagged with: Insurance Judge Norman K. Moon U.S. District Court - Western District

Where the Virginia plaintiff sued the Illinois insurer for failure to pay insurance benefits, and sought over $142,000 in damages, the suit was properly removed to federal court under diversity jurisdiction and would remain there despite the plaintiff’s post-removal reduction ...

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

Where the insurer’s investigation was not reasonable and the denial of coverage was not supported by the evidence, the insurer acted in bad faith, resulting in the policyholder being awarded its attorneys’ fees. Background This case, which involves a dispute ...

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