Where medical testing demonstrated that a chef was capable of performing work in three alternative occupations with an earning capacity of at least 60% of what he had earned, an insurance company properly ended his disability benefits offered by his ...

Tagged with: Insurance Judge Claude M. Hilton U.S. District Court - Eastern District

A judge’s discovery sanctions will hobble a seagoing security company in its bid for insurance coverage after its ship and crew were seized by Indian authorities. The sanctions include preclusion of evidence beyond the company’s limited discovery responses and an ...

Tagged with: Insurance Judge Theresa C. Buchanan U.S. District Court - Eastern District

An employer who allegedly told a beneficiary it would pay death benefits, after the life insurance carrier denied the claim, has been sued by the beneficiary who alleges she relied on the promises to her detriment. Background According to the ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Robert B. King

Where a subcontractor’s faulty excavation work on a building construction project caused a delay in the project and required the subcontractor to perform significant remediation work, the resulting damages incurred by the site owner and general contractor were not covered ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge G. Steven Agee

An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions ...

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

By Bill Cresenzo BridgeTower Media Newswires An insurance company that denied benefits to a disabled plant manager in the face of overwhelming evidence of his total disability has been rebuked sharply by the 4th U.S. Circuit Court of Appeals, which ...

Tagged with: 4th U.S. Circuit Court of Appeals News Insurance Judge J. Harvie Wilkinson III

A life insurance carrier could not ignore the opinions of every doctor who examined a former employee and found that strokes and other health problems meant he would never be able to work again, in favor of its own consultant, ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge J. Harvie Wilkinson III

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