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3 Nov 2:25 pm by Goldberg Segalla LLP
Utica Insurance Co. v. Fireman's Fund Insurance Co. (Northern District of New York, November 2, 2009) This action stems from several underlying actions ... among other reinsurers. Utica's insured filed several asbestos-related claims under its umbrella policies which resulted in Utica paying close to 25 million ... filed a declaratory judgment proceeding in the Northern District of New York. Today, Fireman's Fund asserted several counterclaims alleging that Utica concealed relevant information to induce ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
19 Apr, 2008 6:47 am by David Payne
... of one man and six women ruled unanimously against Fireman's Fund Insurance Co., deciding that the California-based company acted in bad faith and breach ... The verdict included $3.5 million in punitive damages, because the jury found the insurance company acted in malice, while the remaining $1.8 million was ordered for compensatory ... , mental and emotional injury and loss of established course of life. The plaintiff's attorney was quoted as saying, "this was a very intelligent jury and they weren't ...
Missouri Injury Attorney Blog - http://www.missouriinjuryattorneyblog.com/
22 Jun 2:43 pm
... for summary judgment, and the supreme court affirmed. Citing Woo v. Fireman's Fund Insurance Co., 161 Wn.2d 43 (2007), the supreme court noted that, in Washington, the duty to defend is triggered if the insurance policy "conceivably covers" the allegations ... be because a court determined that the original intent in granting the easement was best effectuated by burdening the Campbell's land, not because the original grant of easement disclosed a burden on the Campbells' land. The court ...
Washington State Insurance Law Blog - http://www.washingtoninsurancelaw.com/
18 Sep 9:42 am by Goldberg Segalla LLP
... State Farm Fire & Casualty Co. Download Employers Mutual Casualty Co. v. Accent Windows, Inc. Download Fireman's Fund Insurance Company v. Discover Property & ... Inc. Download Massachusetts Property Underwriting v. Gallagher Download Mid Continent Casualty Co. v. Harvest Petroleum, Inc. Download Moreaux v. State Farm Mutual Automobile ... Download Simon v. UNUM Group Download St. Paul Fire and Marine Ins. Co. v. Board of Commissioners of the Port of New Orleans Download The Beach House v. Travelers ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
15 Jul 9:11 am by Goldberg Segalla LLP
... Management Co. LLC v. Fireman's Fund Ins. Co Download Davis-Travis_v__State_Farm_Fire_&_Casualty_Co_ Download Dobson v. Citigroup Download Eberts v. Goderstad Download Erie Insurance Exchange v. Baker ... Download OneBeacon_America_Ins__Co__v__Fireman_s_Fund_Ins__Co___et_al_ Download P.J.P. Mechanical Corp. v. Commerce & Industry Ins. Co Download RSI_International__Inc__and_Essex_Ins__v__CTC_Transportation__Inc_ Download School Const. Consultants, Inc. v. ARA Plumbing & Heating Corp ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
16 Mar 4:29 am
... unless it contains in substance the following provisions or provisions which are equally or more favorable to the insured and to judgment creditors so far as such provisions relate to judgment creditors: ... judgment on March 7, 2009. Second, it must be determined whether State Farm's July 9, 2008 letter disclaiming coverage complies with the statutory requirement of disclaiming ... NY3d 64; Matter of Allstate Ins. Co. v Swinton, 27 AD3d 462 [2006]; Shell v Fireman's Fund Ins. Co., 17 AD3d 444 [2005]; ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
16 Apr 7:04 am
... coverage where the proper defending party relied to its detriment on that coverage and was prejudiced by the delay of the insurance company in denying or disclaiming coverage based on the loss of the right to control its own defense" ... not applied to coverage allocation disputes between insurers (see e.g. Fireman's Fund Ins. Co. v Zurich Am. Ins. Co., 37 AD3d 521 [2d ... (see Bovis Lend Lease LMB, Inc. v Royal Surplus Lines Ins. Co., 27 AD2d 84, 94 [2005]), and we modify the declaration accordingly. ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
10 Oct, 2008 12:44 am by Roy A. Mura
... to the decision, Nationwide denied coverage under both policies, relying upon the definition of "insured location" in the homeowners policy, and the definition of "business property," as well as an exclusion applicable to " ... d]), and '[a]n insurer's justification for denying coverage is strictly limited to the ground stated in the notice of disclaimer' (Shell v Fireman's Fund Ins. Co., 17 AD3d 444, 446; see Pawley Interior Contr., Inc. v Harleysville Ins. Cos., 11 AD3d 595; Prus v Glencott Realty ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
15 Jun 6:50 am
... disclaimer six days later. Plaintiff commenced this action to enforce payment of the judgment pursuant to Insurance Law §§ 3420(a)(2) and (b)(1). Queens Supreme granted plaintiff's ... that Eveready had not received the judgment in the mail. "Under the circumstances of this case, the defendant's submissions sufficed to raise a triable issue of fact regarding the service of the judgment, and the ... NY3d 71; Matter of GEICO Co. v Wingo, 36 AD3d 908; cf. Shell v Fireman's Fund Ins. Co., 17 AD3d 444; Vacca ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
17 Aug 4:59 am
... 2008, issuing a disclaimer six days later. Plaintiff commenced this direct action pursuant to Insurance Law § 3420(b)(1) and successfully moved for summary judgment. Eveready appealed. ... v Kolenda, 142 AD2d 633). Plaintiff had also challenged the sufficiency of Eveready's disclaimer, contending that it was defective and, thus, invalid as against the plaintiff. The Second Department rejected ... 3 NY3d 71; Matter of GEICO Co. v Wingo, 36 AD3d 908; cf. Shell v Fireman's Fund Ins. Co., 17 AD3d 444; Vacca v ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
3 Nov 5:00 am by Kimberly A. Kralowec
... Moradi-Shalal v. Fireman's Fund Ins. Companies, 46 Cal.3d 287 (1988), did not bar a UCL "fraudulent" prong claim against an insurance company and, ... on Progressive West). Several times in the opinion, the Court of Appeal expressed its distaste for the idea that insurance companies should have special immunity from UCL liablity not enjoyed by any ... grounds in Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 184-185.) This is, in effect, the argument that we ...
The UCL Practitioner - http://www.uclpractitioner.com/
19 Aug, 2008 8:17 pm
... the context of the policy as a whole.'" Id. at *3. The court derived this interpretation from its belief that "The terms in an insurance policy must be read in context and in reference to the policy as a whole, with each clause ... of policy was available but not selected by a particular insurer. See Fireman's Fund Ins. Cos. v. Atlantic Richfield Co., 94 Cal. App. 4th 842, ... third party unusable. See Anthem Elecs., Inc. v. Pac. Employers Ins. Co., 302 F.3d 1049, 1057 (9th Cir.2002) (defective circuit ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
19 Aug, 2008 8:17 pm
... the context of the policy as a whole.'" Id. at *3. The court derived this interpretation from its belief that "The terms in an insurance policy must be read in context and in reference to the policy as a whole, with each clause ... of policy was available but not selected by a particular insurer. See Fireman's Fund Ins. Cos. v. Atlantic Richfield Co., 94 Cal. App. 4th 842, ... third party unusable. See Anthem Elecs., Inc. v. Pac. Employers Ins. Co., 302 F.3d 1049, 1057 (9th Cir.2002) (defective circuit ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
27 Jun, 2008 5:57 pm
... al. v. O'Hara Regional Center for Rehabilitation, et al., 2008 U.S. App. LEXIS 12913 (10th Cir., June 18, 2008), the Tenth Circuit addressed ... for professional services coverage: (1) "that the misconduct alleged by the government arose from O'Hara's negligent design and implementation of health care practices ― namely, its failure to provide ... and ruled that the insurers had no duty to defend or indemnify O'Hara. (Contrast the Washington Supreme Court's decision in Woo v. Fireman's Fund Ins. Co., ...
National Insurance Law Forum - http://www.insurancelawforum.com/
17 Sep 10:06 am
Insurance, the same result was attained by St. Paul. The court left open for additional factual development ... general rules instructions may not have application therein. The court distinguished Fireman's Fund Ins. Co. v. Bradley Corp., finding there that the court found that express ... already fully addressed and rejected above. Id. at *13. St. Paul's payment of $780,000 in defense fees and $315,000 to settle a lawsuit ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
24 Jul, 2007 6:20 am by Edward A. Brutscher
... . v. Fletcher, et al. The primary issue became whether G&J could assert a subrogation claim against the UIM benefits Fletcher was seeking from US Fire Insurance Co. and Ohio Casualty Group. The circuit court concluded that the employer's statutory subrogation rights ... regarding an employer's subrogation rights as set out in State Farm v. Fireman's Fund. Simply put, a workers compensation carrier who pays benefits to an injured party is subrogated to the extent of those benefits ...
Kentucky Tort and Insurance Law Blog - http://kytortlaw.blogspot.com/index.html
3 Nov 9:56 pm by The Complex Litigator
... to adequately pay a loss claim was actionable in light of Insurance Code section 790.03 et seq., Moradi-Shalal v. Fireman's Fund Ins. Companies, 46 Cal.3d 287 (1988) and Textron Financial Corp. v. National Union Fire Ins. Co., 118 Cal.App.4th 1061 ( ... except as required by Moradi-Shalal. We understand that if a plaintiff relies on conduct that violates the Unfair Insurance Practices Act but is not otherwise prohibited, Moradi-Shalal requires that a civil action under the UCL ...
the complex litigator - http://www.thecomplexlitigator.com/
13 Nov 5:57 am
... , one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project's failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But I am confident ... companies are waiting to see" the loss results before developing coverage products, (David) Cohen, [senior product director for commercial insurance at Fireman's Fund Insurance Co. in Novato, Calif.], said. Fireman's Fund Insurance Co. ( ...
Green Building Law Update - http://www.greenbuildinglawupdate.com/
9 Dec, 2008 11:51 pm by Rachel Breitman
... Hall & Stewart has hired Anne Marie Cook as a partner in the firm's business and technology group. Cook, previously a principal at Miller, Canfield, Paddock ... help to address. McWilliams, formerly a director at Gibbons in Philadelphia, will be joining the IP group's 80-plus lawyers, handling computer technology and complex business transactions ... addition of Gary Cohen, vice president and chief counsel of Fireman's Fund Insurance Co., which is a Sonnesnschein client. He'll join the San Francisco ...
The Am Law Daily - http://amlawdaily.typepad.com/amlawdaily/
13 Feb, 2008 7:27 am by structuredsettlements
Yesterday's Insurance Journal reported on a study, commissioned by Fireman's Fund Insurance Co. and conducted by Opinion Research Corporation (ORC), that polled adults with more than $1 million in investible assets. It ... Competent settlement planners and legitimate structured settlement brokers (a.k.a "the creation side) , most of whom ARE licensed insurance agents or brokers, clearly have opportunities to work in a leadership or "quarterback" role with structured settlement and settlement planning ...
Structured Settlements 4Real - http://structuredsettlements.typepad.com/structured_settlements_4r/
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