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Claims for Negligent Title Search by Title Company are Limited to Breach of Contract in Maryland

In Columbia Town Center Title Co., et al., v. 100 Inv. Ltd. P’ship, et al., No., 0915 Sept. Term 2009 (Feb. 2, 2012), the Maryland Court of Special Appeals reversed the judgment of the Circuit Court for Howard County.  The Court held that in cases where a title company performs a title examination merely in or… Read More
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4th Circuit affirms summary judgment based on business enterprise exclusion in LPL policy

In Minnesota Lawyers Mut. Ins. Co. v. Antonelli, Terry, Stout & Kraus, LLP, No. 10-2404 (4th Cir. March 29, 2012)(unpublished), the Court affirmed the District Court's award of summary judgment to the insurer, holding that the insurer does not have a duty to defend the insured law firm because the complaint fall… Read More
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Pollution exclusion update: Fourth Circuit certifies Chinese drywall case to Virginia Supreme Court

To update a previous post dealing with the application of the pollution exclusion in a Chinese drywall case, in Travco Ins. Co. v. Ward, No. 10-1710 (4th Cir. March 1, 2012), an insured had appealed from an order granting summary judgment to his homeowner's insurer in a Chinese drywall case.  The District Court… Read More
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Categories: Insurance, Virginia

Private causes of action against CRESPA surety bond

 In First American Title Insurance Company v. Western Surety Company, No. 111394 (March 2, 2012), the Virginia Supreme Court addressed three questions of law certified by the United States Court of Appeals for the Fourth Circuit.  The Court held: (1) that the Virginia Consumer Real Estate Settlement Protection… Read More
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Categories: Insurance, Virginia

Virginia Insurance Coverage:  Supreme Court interprets auto policy’s workers compensation exclusion

In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits.… Read More
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Professional liability:  4th Circuit finds insurer required to defend Maryland accounting firm

In Trice, Geary & Myers, LLC v. Camico Mutual Ins. Co., No. 10-1473 (4th Cir. Dec. 22, 2011 (unpublished), an accounting firm appealed the district court's award of summary judgment to their insurer in a declaratory judgment concerning insurance coverage. The 4th Circuit reversed. The district court had awarde… Read More
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Categories: Insurance, Maryland

Allocation of lead paint poisoning liability under Maryland law

In Pennsylvania Nat. Mut. Cas. Ins. Co. v. Roberts, No. 10-1987 (4th Cir. Feb. 3, 2012), the Court considered an insurer's allocation of liability, under Maryland law, for a $850,000 judgment arising from lead paint poisoning, where the insurer's time on the risk was only a fraction of the plaintiff's expo… Read More
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Insurer’s Late Notice Defense in Virginia: Dabney v. Augusta Mutual Ins. Co.

In Dabney v. Augusta Mutual Insurance Co., 282 Va. 78, 710 S.E.2d 726 (2011), the Virginia Supreme Court held that the question whether the insured gave the insurer notice of the claim “as soon as is practicable” was a question for the jury, notwithstanding the insured’s 254-day delay in providing notice.… Read More
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Categories: Defenses, Insurance, Virginia

Subrogation suit dismissed based on contractual limitations period in arbitration clause

In Vigilant Insurance Company v. American Mechanical Services of Maryland, LLC, the U.S. District Court for the District of Columbia dismissed a subrogation action by an insurance company against a contractor on the grounds that the claim was barred by a contractual limitations period. Vigilant sued American Mechanical Se… Read More
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Innocent Insureds provision held not to save coverage for accounting firm for employee theft

In Bryan Brothers Inc. v. Continental Casualty Co., No. 10-1439 (4th Cir. March 24, 2011)(published per order filed Sept. 6, 2011), the Court held that the prior knowledge provision in an accounting firm’s professional liability policy was a clear and unambiguous condition precedent to recovery under the policy for th… Read More
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Categories: Insurance, Virginia