Publications
Coverage afforded for modified golf cart under automobile insurance policy as “low speed vehicle.”
The plaintiff appealed the trial court’s determination that the vehicle was not covered by the driver’s automobile insurance policy.
Case Law Alerts, 4th Quarter 2013
Court determined that the insurance adjuster had been fraudulently joined in the case and granted the motion to dismiss all claims against the adjuster.
The plaintiff had an auto liability insurance policy with the defendant and had been involved in a motor vehicle accident, wherein the other driver had sustained serious, catastrophic personal injuries and paralysis.
Case Law Alerts, 4th Quarter 2013
Defendant’s motion to dismiss was granted because the plaintiff failed to pay premiums for COBRA continuation coverage.
The plaintiff had sustained a work-related injury and was forced to go on disability leave as a result. At some point after going out on disability, the plaintiff was no longer entitled to health insurance under the plan.
Case Law Alerts, 4th Quarter 2013
“Water Exclusion Endorsement” precluded coverage irrespective of cause.
The rupture of an underground water supply line and resultant water pressure caused the collapse of the building’s foundation wall, thereby allowing water, mud and debris to enter the basement.
Case Law Alerts, 4th Quarter 2013
Defendant’s motion to dismiss was granted where the case was not ripe for adjudication and the court lacked subject matter jurisdiction over the action.
The plaintiff sued the defendant for breach of contract based on a fire insurance policy. The plaintiff asserted that the defendant had unlawfully refused to pay for repairs to damaged portions of the plaintiff’s property following a fire.
Case Law Alerts, 4th Quarter 2013
Both parties’ motions for summary judgment were denied where there remained material issues of fact with respect to the coverage issue.
The plaintiff agreed to insure the defendant against claims made for “a Wrongful Act committed solely in the rendering or failure to render Professional Services for a client.” When some of the defendant’s clients commenced arbit
Case Law Alerts, 4th Quarter 2013
Exception to attorney-client privilege in bad faith litigation discovery could prove prejudicial to underlying claim, thus necessitating stay of discovery.
The homeowner alleged a breach of contract and bad faith when her insurance carrier denied coverage for rafter and roof damage.
Case Law Alerts, 4th Quarter 2013
Defendant’s motion for summary judgment was granted where the policy did not cover full roof replacement under the circumstances.
The plaintiffs had a homeowner’s insurance policy with the defendant that covered the plaintiffs’ residence.
Case Law Alerts, 4th Quarter 2013
Collapse coverage afforded for deterioration caused by hidden decay.
The plaintiff argued that the collapse was a covered loss under the “Extensions of Loss” provision, which covered collapses resulting from “hidden decay,” a term that was not specifically defined in the applicable policy.
Case Law Alerts, 4th Quarter 2013
Exception to exclusion under endorsement provided coverage for humidity-induced rot damage.
The insurer claimed that coverage for property damage due to the deterioration of floor joists was precluded under an exclusion for damage caused by groundwater; however, expert testimony and evidence presented at trial indicated that the cause of
Case Law Alerts, 4th Quarter 2013