Topic
Coverage Dispute
91 published works
Tort Talk
Insured Loses Fight for Coverage for a Fight
In the case of State Farm Fire and Cas. Co. v. Simone, No. 2:20-CV-00908-RJC (W.D.P. Jan. 28,2021 Colville, J.) County Court addressed a Motion for Judgment on the Pleadings filed…
Wiley Executive Summary
Under “Law Most Favorable” Provision, Delaware Law Applies and Does Not Prohibit Coverage for Settlement of Alleged Ill-Gotten Gains
Upholding a “law most favorable” provision with respect to the insurability of ill-gotten gains, the Delaware Superior Court has concluded that Delaware law, rather than New York law, applies to…
Zalma on Insurance
RTFP – Insurance Policies Must be Interpreted by Reading the Full Policy
By Barry Zalma
You Only Get What You Pay For On May 1, 2020, Plaintiffs FYT Supplies, Inc. (“FYT”) and Qing Zhang sued (“Coverage Action”) Defendants Nautilus Insurance Company and Daniel Santos. The…
Property Insurance Coverage Law Blog
Louisiana Appraisals with Causation Determinations May Still End Up in Litigation as Coverage Issues
By Chip Merlin
Hurricane Laura certainly caused significant damage. Insurance claim differences of opinion about these damages and their value may be resolved through appraisal. One Louisiana case, St. Charles Parish Hospital Service…
Wiley Executive Summary
Connecticut Federal Court Declines to Dismiss First-Filed Declaratory Judgment Action in Deference to Insured’s California State Court Action
The United States District Court of Connecticut, applying federal law, has denied an insured’s motion to dismiss or stay the insurer’s first-filed declaratory judgment action in deference to a subsequently…
The D&O Diary
No Coverage for Claim First Made Prior to the Policy Period of a Claims Made Policy
In a recent decision in an insurance coverage dispute, a federal court applying Puerto Rico law concluded that there was no coverage under a management liability insurance policy for a…
Zalma on Insurance
No Coverage – No Defense – No Indemnity
By Barry Zalma
Short, Simple and Direct Decision from the USDC When an insurer believes it has no coverage for a loss presented it may seek relief from a United States District Court…
Zalma on Insurance
Employee Exclusion Enforced in Montana
By Barry Zalma
Clear & Unambiguous Exclusions Defeat Plaintiffs Claims Taking an assignment of a claim against an insurer for a defendant can be the only way to collect a judgment when then…
Zalma on Insurance
Insurance Policy Interpretation Makes it Essential to Read The Full Policy
By Barry Zalma
Claim Must Establish Fulfillment of the Insuring Agreement Insurance policies are nothing more than a contract. To interpret the terms of the contract of insurance it is necessary to read,…
Insurance Law Hawaii
Hawaii Federal District Court Remands Coverage Dispute
Accepting the insured's amended complaint, the federal district court of Hawaii remanded the coverage action to state court. Hale v. Lloyd's, London, 2020 U.S. Dist. LEXIS 9061 (D.…