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Tag Archives: Insurance

Bankruptcy – Civil Practice – Standing – Real Property – Mortgage Assignment – Insurance – Proceeds (access required)

Carrington Mortgage Services, LLC v. Riley Defendant is an insolvent Chapter 7 debtor; therefore, he has no standing to challenge the proofs of claim filed by plaintiff, the holder of the debtor’s notes and mortgages. Moreover, a borrower may not attack the validity of assignments of his loan due to his status as a third party to the assignment.

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Insurance – CGL – Auto Dealer – Errors & Omissions Liability Endorsement – Consumer Fraud Lawsuit (access required)

Graphic Arts Mutual Insurance Co. v. Caldwell Chevrolet, Inc. The auto dealers errors and omissions liability endorsement to the policy that the plaintiff-insurer issued to the defendant-auto dealership does not require the insurer to defend or indemnify the dealership against underlying claims of what amounts to consumer fraud.

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Insurance – CGL – Duty to Defend & Indemnify – Pollution Exclusions – Former Fertilizer Plant – Real Property — Environmental (access required)

Ross Development Corp. v. Fireman’s Fund Insurance Co. Because of the pollution exclusions in the parties’ insurance policies, the defendant-insurers had no duty to defend or indemnify plaintiff against claims arising out of plaintiff’s disposal of waste products on real property that it owned during the policy periods.

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Insurance – Breach of Contract – Standing – Unfair Trade Practices (access required)

Hill v. Canal Insurance Co. The plaintiff, an independent contractor/truck driver, is not a party to the insurance policy between the defendant-trucking company and the defendant-insurer; therefore, she lacks standing to bring a breach of contract claim based on the insurance policy. Defendants’ motions to dismiss are granted.

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Insurance – Life – ERISA – Equitable Claims – Coverage of Ex-Wife (access required)

Israel v. Prudential Insurance Co. of America Plaintiff alleges that his employer’s benefits department informed him (contrary to the plan language) that he could continue to carry life insurance on his wife after their divorce, and defendants continued to accept premium payments after the divorce; nevertheless, defendants denied plaintiff’s claim when his ex-wife died. Plaintiff may be able to make out equitable claims against defendants.

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Insurance – Liability – Garage Policy – Water Damage (access required)

BMW of North America, LLC v. Complete Auto Recon Services, Inc. The defendant-insurer’s garage policy only provided liability coverage to plaintiff, the owner of the cars in the defendant-insured’s garage. Since no third party had any claim against plaintiff, the policy provided no coverage to plaintiff when garage employees left the windows down on six cars during a rain storm.

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Priest’s victim still trying to collect $100M judgment (access required)

After more than two years of trying to get what a South Carolina trial court judge says he’s owed for his suffering, Allan C. Ranta still hasn’t collected one dime of a whopping $100 million civil judgment against the priest who raped him as a boy. And chances are he won’t ever see that money, unless he and his attorneys can convince the 4th U.S. Circuit Court of Appeals to reverse itself and do something that it has never done before: rule that a liability insurance policy covers acts of sexual abuse. Ranta’s argument has fallen flat so far at the 4th Circuit, which on July 24 upheld a lower court’s ruling that the Catholic Mutual insurance company was not on the hook for the actions of defrocked and disgraced priest Wayland Y. Brown (pictured).

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Insurance – ERISA – Accidental Death – Sickness Exclusion — MS Sufferer – Fall & Environmental Exposure (access required)

Genal v. Prudential Insurance Co. of America The insured’s accidental death policy contained an exclusion for death caused directly or indirectly by sickness. Although the insured’s multiple sclerosis prevented him from getting up and walking inside after he fell, since his death resulted from environmental exposure after the fall and not from his MS, the exclusion does not apply.

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