Barry Zalma | Zalma on Insurance Additional Insured Endorsement Insures Lessor for Slip and Fall in Parking Lot Serving Property Leased When the use of the property as a gas station / convenience store depended on customers’ ability to ingress and egress through the attached parking lot – even though the lessees’ lease did not… Continue reading The Ancient “But For” Test Controls Coverage Dispute
Month: October 2020
Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
J. Kent Crocker | Carlton Fields The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and weighed in on the interpretation of the two prongs contained within the… Continue reading Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Gregory D. Podolak | Saxe Doernberger & Vita Late last week, a Missouri federal district court provided a significant victory for insurance policyholders for COVID-19 losses. In Studio 417, Inc. v. The Cincinnati Insurance Company 6:20-cv-03127-SRB (W.D. MO, So. Div., Aug. 12, 2020), the Court was called upon to decide whether allegations involving the presence of COVID-19… Continue reading COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Eric B. Hermanson and Austin D. Moody | White and Williams The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached… Continue reading Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding
Tred R. Eyerly | Insurance Law Hawaii The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso’s Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020). … Continue reading Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding