Date archive: July 2014

Summary Judgment Confusion

Summary: Progressive Casualty Insurance Company (“Progressive”) issued a Directors and Officers (D&O) Liability Policy to the National Bank of California (“Bank”) on October 30, 2010. The Declarations Page stated that the defense costs were included within the limit on liability. The policy further gave the insured a defense option, but the Bank did not choose…

Mental Anguish, Emotional Distress, and Punitive Damages Denied, But a Second Chance at Contract Damages Allowed

Summary: Hurricane Katrina damaged the Hoover’s house and cabana. The usual question was whether the damage resulted from a covered wind loss or an excluded storm surge. The trial court’s directed verdict on part of the contract damages was reversed, but the directed verdicts disallowing the mental anguish, emotional distress, and punitive damages claims were…

Turkey Farm Arson Plus Missouri’s Arson Defense Restated

Summary: Two of the Shipman’s turkey barns were burned in an arson fire. After their insurer, Farm Bureau Town & Country Insurance Company (Farm Bureau), paid the mortgagee $320,000, Farm Bureau sued the Shipmans to recover alleging they caused the arson fire. The jury agreed, but the trial court entered JNOV, or alternatively a new…

Progressive’s Summary Judgment Dumped on Appeal

Summary: May & May Trucking (“May & May”) was insured by Progressive. May & May leased one of its dump trucks to Trent Quinn who took it to New Orleans after Hurricane Katrina where it was stolen. Sometime after the leasing to Quinn the coverage limits were increased by $50,000. After disputes arose, May &…

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