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Tag Archives: Insurance

Coverage dispute remains in federal court (access required)

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 ...

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Insurer did not assume citizenship of insured after judgment (access required)

Where a plaintiff sued an insurance company after he had already obtained a judgment against the wrongdoer alleged to be covered under the insurance company’s policy, the insurance company did not assume the citizenship of the purported insured and the ...

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‘Prior publication’ exclusion does not excuse duty to defend (access required)

Where the pleadings in the underlying suit alleged offensive publications were made during the policy period that differed in substance from those published before commencement of coverage, the “prior publication” exclusion did not obviate insurer’s duty to defend. Background In ...

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Chef’s disability benefits ended due to ability to work in another field (access required)

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 ...

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Judge hits counter-piracy firm with sanctions (access required)

Legal-Sanctions-FEA

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 ...

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Employer as joint insurance plan administrator had fiduciary duty (access required)

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 ...

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Damages from subcontractor’s faulty work not covered by policy (access required)

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 ...

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Policy unambiguously excluded coverage for advertising injuries (access required)

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 ...

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