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Insurance

Insurance – Life – Labor & Employment – ERISA – Equitable Relief – Breach of Fiduciary Duty (access required)

McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, has her claim for “equitable relief” for the insurance carrier’s breach of fiduciary duty reconsidered by the 4th Circuit, in light of CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).

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Insurance – Auto – UIM – Portability – Resident Relatives – Public Policy (access required)

Nationwide Mutual Insurance Co. v. Rhoden When a mother (who had underinsured motorist coverage on her own vehicles) and one of her daughters were injured in an accident while riding with another daughter (who did not have UIM coverage on her vehicle that was involved in the accident), the mother and the non-owner daughter are entitled to UIM benefits from the mother’s policy; however, the driver-daughter is not entitled to UIM benefits from the mother’s policy.

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Insurance – Errors & Omissions – Reporting Time – Insurance Agent – Trucking Company – New Trucks (access required)

National Specialty Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh Pa. There is a jury question as to whether an insurance agent acted reasonably when he waited to report a potential claim to the defendant-errors and omissions (E&O) insurer until he heard back from the plaintiff-auto insurer as to whether a client’s new truck was covered under the auto policy’s newly acquired vehicle provision.

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Insurance – Auto – Ownership, Maintenance or Use of Vehicle – Altercation – Shooting (access required)

Affirmative Insurance Services, Inc. v. Cruz-Campos (Lawyers Weekly No. 011-066-12, 2 pp.) (Per Curiam) Appealed from Jasper County Circuit Court. (D. Craig Brown, J.) S.C. App. Unpub. Holding: Where several individuals became involved in a physical altercation outside of their vehicles, resulting in the shootings of defendant and Jorge Luna (also outside the subject vehicles), there was no evidence that the vehicles were active accessories to the assault or that defendant’s injuries were foreseeably identifiable with the normal use of the vehicles. No causal connection between defendant’s injuries and the uninsured vehicles was established.

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Insurance – CGL – Employee Shooting – Personal Dispute – Employer’s Liability & Workers’ Compensation Exclusions (access required)

Pennsylvania National Mutual Casualty Insurance Co. v. Doscher’s Super Markets In a dispute over a personal relationship, a co-worker shot the defendant-employee while they were in the defendant-employer’s break room. When the injured employee sued the employer for negligence, the “employer’s liability” exclusion in the plaintiff-insurer’s commercial general liability policy did not relieve the insurer of its duty to defend and indemnify the employer.

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