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Maryland federal court denies coverage under CGL policy for alleged theft of $1.5 million in goods

In IFCO Systems North America, Inc. v. American Home Assurance Company, No. 09-2874 (D. Md. June 23, 2011), the Court granted summary judgment to American Home Assurance Company, finding no coverage under the American Home policy for the insured’s liability arising from alleged theft by the insured’s employees o… Read More
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Categories: Insurance, Maryland

Rescission action requires reasonable promptness by insurer

In The Charter Oak Fire Ins. Co. v. American Capital, Ltd., No. DKC 09-0100 (Aug. 9, 2011), the Court considered the issue of whether an insurer acted with reasonable promptness to rescind an insurance policy after learning of misrepresentations in the application for insurance. The district court denied the insured’… Read More
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Categories: Insurance, Maryland

Legal malpractice insurer breached duty to defend, affirms 4th Circuit

In Minnesota Lawyers Mutual Insurance Co. v. Batzli, Nos. 10-1684, 10-1839, 10-1910 (4th Cir. Aug. 4, 2011)(unpublished), the 4th Circuit affirmed the trial court’s denial of a post-trial motion for judgment as a matter of law, made by the insurer, that challenged the jury’s verdict that the insurer breached its… Read More
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The Insurer's Duty to Defend in the District of Columbia

In Stevens v. United General Title Insurance Co. , 801 A.2d 61 (D.C. 2002), the Court reaffirmed the District of Columbia’s adherence to the “eight corners rule,” requiring a comparison of the complaint with the insurance policy to determine the existence of a duty to defend. “Under [the ‘eight… Read More
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Reminder Notice Can Extend Grace Period for Life Insurance Premium Payment in Maryland

In a decision of interest to estate attorneys and insurance advisors, the Maryland Court of Special Appeals considered whether a life insurance policy issued to Dr. John Griffith (“Dr. Griffith”) was in force at the time of his death.  See United States Life Ins. Co. v. Wilson, 198 Md. App. 452, 18 A.3d 110… Read More
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Coverage Issues in Review:  E.D. of Virginia Tackles Pollution Exclusion in Chinese Drywall case

Most liability insurance policies include what is commonly referred to as a “pollution exclusion” provision, which essentially excludes insurance coverage for bodily injury or property damage arising out of the discharge of “pollutants.” The inception of the pollution exclusion provision in liabilit… Read More
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Categories: Insurance, Virginia

Judicial interpretation of "business enterprise" exclusions in lawyers professional liability policies

It is well-settled that courts will enforce “business enterprise” exclusions, sometimes also called “business pursuit” exclusions, in lawyers professional liability policies. The general approach taken has been to apply the plain meaning of the terms of the exclusions, with reference both to the reas… Read More
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In Virginia, An Error of Judgment, or Even Negligence, Does Not Show Bad Faith By Insurer

In Goldstein v. National Casualty Company, 2008 U.S. Dist. Lexis 58129 (W.D. Va. July 28, 2008), Judge Kiser granted the insurer’s motion for summary judgment on an insurance bad faith claim. The claim arose from an excess judgment. The insured was a truck driver who was involved in an accident as he was attemptin… Read More
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Categories: Insurance, Virginia