Martinique Properties, LLC v. Certain Underwriters at Lloyd’s of London (MLW No. 79521/Case No. 21-3561 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kelly) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Justin D. Eichmann, of Omaha, NE, for appellant) (John A. Svoboda, of Omaha, NE, for appellee; Gregory L. Mast, of Atlanta, GA, and Stephen A. Kahn, of Atlanta, GA, on the brief)Read More »
Insurance: Employee Theft Clause-Covered Loss-Shipping Costs
National Union Fire Insurance Company of Pittsburgh v. Cargill, Inc. (MLW No. 79556/Case No. 21-3141 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J. (Timothy R. Macdonald, Denver, CO, argued for appellant) (Aaron Daniel Van Oort, Minneapolis, MN, argued for appellee).Read More »
Insurance: Business Interruption Coverage-COVID-19-Denial of Claim
Lindenwood Female College v. Zurich American Insurance Company (MLW No. 79530/Case No. 21-3738 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J. (Bradley Wilders, of Kansas City, MO, for appellant; Patrick Joseph Stueve, of Kansas City, MO, on the brief) (Parick Florian Hofer, of Washington, DC for appellee; Michael Anthony Scodro, of Chicago, IL, Timothy J. Wolf, of St. Lous, MO, Douglas Allen Smith, of Los Angeles, CA, Timothy A. Carroll, of Morristown, NJ, and Gabriella Richeimer, of Washington, DC, on the brief)Read More »
Insurance: Automobile Policy-Uninsured Motorist-Owned-Vehicle Exclusion
Where plaintiff, who was injured in an auto accident with an uninsured motorist, challenged the trial court’s grant of summary judgment in favor of an insurer and upholding an owned-vehicle uninsured motorist exclusion clause in two auto policies covering vehicles ...
Tagged with: Automobile Policy Owned-Vehicle Exclusion Uninsured MotoristRead More »
Insurance Law: Life Insurance Proceeds-Interspousal Agreement-Divorced Spouse
Where appellant filed an action against her ex-husband’s estate claiming that his life insurance proceeds belonged to her, the appellant’s designation as beneficiary was revoked since she did not show that the interspousal agreement or the final judgment expressly provided ...
Tagged with: Divorced Spouse Interspousal Agreement Life Insurance ProceedsRead More »
Insurance Law: Vexatious Refusal-Sufficiency of Evidence-Deposition Testimony
Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...
Tagged with: deposition testimony Sufficiency Of Evidence Vexatious RefusalRead More »
Insurance: Multi-Vehicle Policy-Stacking of Coverage
Defendant appealed from the trial court’s judgment, which declared defendant’s insurance policy’s language ambiguous and ruled that the liability coverage on the four vehicles covered under the policy could be “stacked.” Where the policy expressly stated that the most the ...
Tagged with: Multi-Vehicle Policy Stacking of CoverageRead More »
Insurance: Civil Rights Lawsuit-County Insurance Policy-Duty to Defend and Indemnify
Plaintiff appealed from the grant of judgment on the pleadings to defendant county, finding plaintiff had a duty to defend the county against a civil rights lawsuit filed against the county by Russell Faria, who had been wrongly arrested and ...
Tagged with: civil rights lawsuit County Insurance Policy Duty to Defend and IndemnifyRead More »
Insurance: False-Pretense Coverage-‘Acquired’ Vehicle
Where a car buyer challenged the grant of summary judgment to its insurer on the buyer’s claim brought under the false-pretense coverage clause of its policy, the trial court properly found that the claim was not covered because the buyer, ...
Tagged with: False-Pretense Coverage ‘Acquired’ VehicleRead More »
Insurance: Long-Term Care Policy-Covered Provider-“Assisted Living Center”
Where a woman, who purchased a long-term care insurance policy, sued the insurer after her claim for facility benefits was denied following her move into a registered residential living center, the district court properly determined that the chosen provider was ...
Tagged with: Covered Provider Long-Term Care Policy “Assisted Living Center”Read More »
Insurance: Hospital Lien-Uninsured Motorist Benefits-First-Party Coverage
Where a health care center argued that its hospital lien attached to $300,000 in uninsured motorist benefits paid by an insurer to its insured who was injured in an auto accident, summary judgment for the insurer is affirmed because the ...
Tagged with: First-Party Coverage Hospital Lien uninsured motorist benefitsRead More »