Date archive: November 2016

Insurer Required to Defend California Unfair Business Practices Suit

Summary: Landy Insurance Agency is a broker selling insurance to real estate professionals. Landy purchased a professional liability insurance policy from Utica Mutual Insurance Company. Utica Mut. Ins. Co. v. Herbert H. Landy Ins. Agency, Inc. Landy’s  targeted market included California. In California Landy sold policies from surplus insurers. One of Landy’s competitors in the…

Enforceable Vertical Exhaustion Clauses Effectively Barred Bad Faith Claim in Uninsured Motorist Claims in Georgia

Summary: Gary Coker was injured in a car accident after a vehicle driven by Donald Woodall crossed the center line and hit Coker head-on. Coker was driving a vehicle owned by his employer, Ansco & Associates. After filing suit against Woodall, Coker obtained a $5.5 million consent judgment. However, Woodall’s automotive insurance policy provided limits…

First-Party Bad Faith Claim Precluded Where Insurer Does not Breach Contract

Summary: Insured’s property was destroyed by fire. Homeowner’s insurer denied claim based on nonrenewal of policy prior to fire loss. Mortgagee institutes foreclosure action against insured, who filed third-party action against insurer for breach of contract, bad faith refusal to pay claim, and indemnity and contribution, claiming attempt to non-renew did not comply with South…

Insured Breached Umbrella Policy’s Cooperation Clause by Entering Miller-Shugart Consent Judgment

Summary: After an evening of under-age drinking, Jacob Patton drove his father’s minivan while his friend, John Donaldson, rode in the passenger seat. When Jacob saw the sirens from a police car, he panicked and attempted to flee. After a short chase, Jacob lost control of the van and crashed into a tree. Donaldson was…

Fact Issues Regarding Insured’s Failure to Cooperate Defeat Bad Faith Summary Judgment

Summary: R & G sued American Family for breach of contract and statutory bad faith penalties after sustaining two separate property damage losses that were both denied under the vacancy exclusion and for R & G’s failure to cooperate in the investigations. On appeal the court found the trial court properly denied the insured’s motions…

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