Lost Business Income and Extra Expenses

May 16, 2012
By Ivo Labar

On April 27, 2012, a federal district court ruled on the question of whether an auto shop policyholder had standing to bring a bad-faith law suit against an insurance carrier for refusing to reimburse lost business income and extra expenses. … read more

Can a policyholder assert a breach of contract action when the policyholder hires an outside contractor?

May 15, 2012
By Ivo Labar

An appellate court in Wisconsin recently affirmed a trial court’s entry of summary judgment in favor of an insurance carrier on a breach of contract claim concerning property damage. Devin v. Germantown Mutual Insurance Co. The case turned on the … read more

What constitutes an accident under an insurance policy?

May 11, 2012
By Ivo Labar

The First District Court of Appeal in California recently looked at the question of whether an insurance carrier has a duty to defend if the policyholder claims that a property loss was a result of an “accident.” The dispute arose … read more

An inner tube is not a “watercraft”

May 9, 2012
By Ivo Labar

In an unpublished Ninth Circuit decision (Wood v. Scottsdale Indemnity Company) filed in January of 2012, the Court held that a rope-bound inner tube did not constitute “water craft” for the purposes of a Personal Umbrella Liability Policy. This dispute … read more

Is accidental carbon monoxide poisoning covered by the pollution exclusion for CGL insurance in Nevada?

May 4, 2012
By Ivo Labar

On April 6, 2012, the Ninth Circuit in Century Surety Company v. Casino West certified two questions to the Nevada Supreme Court concerning carbon monoxide exposure and commercial general liability coverage. While many states have answered the question of whether … read more

Ra Ra Ra, Lets Start a Riot (if there is insurance!)

May 3, 2012
By Ivo Labar

With the recent news of Occupy protests and riots, policyholders should be aware of any “civil commotion” or “riot” exclusions in their property, fire insurance, and business interruption insurance contracts. Policy language that exempts the insurer from an obligation to … read more

An insurance carrier may not be in bad faith for their refusal to defend a policyholder

May 2, 2012
By Ivo Labar

In March of 2012, a California Court of Appeals upheld a trial court’s ruling against a policyholder on a jury instruction in a duty to defend claim in Dewitt v. Monterey Insurance Company. The Fourth District Court of Appeals held … read more

Whether a policyholder’s action breaches a cooperation clause may be ambiguous

April 30, 2012
By Ivo Labar

On April 17, 2012, a New York federal district court ruled on the meaning of an insurance policy’s Cooperation Clause in SCW West LLC v. Westport Insurance Corporation. The federal district court held that there was ambiguity as to whether … read more

Proper Appraisal Practices in Michigan

April 26, 2012
By Ivo Labar

A Michigan Court of Appeals recently held that a contingency fee agreement does not prevent an appraiser from being considered ‘independent’ for purposes of satisfying a Michigan statutory code section which requires that a fire insurance policy must allow for … read more

Policyholder’s award of restitution overturned by Court of Appeals

April 24, 2012
By Ivo Labar

The California Court of Appeal recently overturned a policyholders Unfair Competition Law (Business and Professions Code §17200, et seq.) recovery against an insurance broker. In M & F Fishing, Inc. v. Sea-Pac Ins. Managers, Inc several commercial fishing companies brought … read more