Skiffington v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-027-18)
Insured failed to prove actual costs for substitute transportation; standard policy covers loss-of-use damages only when claimant incurs documented expenses.
Insurance
MHM Correctional Services, Inc., et al. v. Darwin Select Insurance Company, et al. (Lawyers Weekly No. 09-008-18)
Prison healthcare providers' claims for coverage under excess liability policies for class action lawsuits alleging inadequate inmate medical care stated a claim under professional liability coverage but not general liability coverage.
The Hanover Insurance Group Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 09-011-18)
Seafood processor's insurer must provide coverage for spoiled scallops in processor's custody, which constituted a covered occurrence despite unknown cause.
Kantzelis v. The Commerce Insurance Company (Lawyers Weekly No. 09-045-17)
Court struck class allegations where individualized factfinding on damages would predominate over common questions, and class members were not ascertainable without individual proof.
Great Divide Insurance Company v. Lexington Insurance Company (Lawyers Weekly No. 10-172-17)
When a primary policy's "other insurance" clause clearly states it is excess for vehicles the insured does not own, both that policy and a true excess umbrella policy cover the same level of risk.
OneBeacon America Insurance Company v. Celanese Corporation (Lawyers Weekly No. 11-134-17)
Insurer offering to defend without reservation of rights gains right to control defense. Insured's mere disagreement over defense strategy, absent genuine conflict of interest, does not justify rejection.
DeOliveira v. Liberty Mutual Insurance Company (Lawyers Weekly No. 09-016-17)
Insured stated valid claims for MedPay coverage under auto policy despite prior health insurance payment, following Appeals Court precedent that medical expenses were incurred under policy language.
Safety Insurance Company v. Chau, et al. (Lawyers Weekly No. 09-005-17)
Insurer's duty to defend triggered when negligent vehicle inspection alleged to cause accident, even though duty to indemnify must await trial outcome.
Casella Waste Systems, Inc., et al. v. Steadfast Insurance Company (Lawyers Weekly No. 09-008-17)
Insurer's motion for summary judgment denied in pollution coverage dispute where material factual disputes remained concerning prior knowledge of contamination and causation of regulatory claim.
Philadelphia Indemnity Insurance Company v. National Union Fire Insurance Company of Pittsburgh, PA (Lawyers Weekly No. 12-083-17)
Workers' compensation insurer had no duty to defend directors in wrongful death civil action because policy covers only statutory benefits, not tort damages.