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Tag Archives: Insurance

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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Civil Practice – Personal Jurisdiction – Forum Non Conveniens – Insurance – Canadian Policy (access required)

Sonoco Products Co. v. ACE INA Insurance Plaintiff, a multinational company with headquarters in South Carolina, required an S.C. insurance company to find local property insurers for plaintiff’s foreign subsidiaries. Where this litigation arises out of the collapse of a roof at plaintiff’s Canadian subsidiary’s Ontario facility, this court lacks personal jurisdiction over the local Canadian insurer.

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Insurance – CGL Policy – Duty to Indemnify – Construction – Slab – ‘Your Work’ & ‘Professional Liability’ Exclusions (access required)

Penn National Security Insurance Co. v. Design-Build Corp. The defendant-engineering and contracting firm (the firm) designed and installed the slab for the defendant-owners’ building. A commercial general liability policy issued to the firm does not provide coverage for damage to or loss of use of the building arising from defects in the slab.

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Insurance – Life – Beneficiary — Domestic Relations – Separation Agreement – Designated Amount (access required)

State Mutual Insurance Co. v. Ard Where a couple’s separation agreement required the husband to maintain his $50,000 life insurance policy for the wife’s benefit, but where the husband failed to name the wife as beneficiary of his life insurance policy, the wife is entitled to $50,000 plus interest from the date of the husband’s death, but the named beneficiary is entitled to the increase in the policy’s value. We affirm the circuit court’s judgment.

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Insurance – Disability – Additional Policies – Different Terms – Time Limitations – Mental Disorders – ECT – Tort/Negligence (access required)

Doe v. Northwestern Mutual Life Insurance Co. Where neither plaintiff nor her insurance agent can remember what the agent said when, in 2002 and 2003, plaintiff purchased two additional disability policies pursuant to an additional purchase benefit (APB) rider in her 1996 disability policy, plaintiff cannot make out a claim for negligent misrepresentation.

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Insurance – Duty to Defend – Exclusion – Tort/Negligence – Defamation – Labor & Employment (access required)

Universal North America v. Frey The homeowners’ policy issued by the insurer to defendant excludes coverage for “personal injury” that is “sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an ‘insured.’”

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Insurance – Fire – Fraudulent Application – Purchase Price – Past Claims (access required)

Scottsdale Insurance Co. v. Collins Although defendant contends he merely answered questions posed to him by an insurance agent and then signed the application that the agent printed out, when he signed the application, defendant asserted that he had read the application and that the statements in it were true. However, the application indicated that the purchase price for the house being insured was $390,000 when defendant knew the purchase price was only $20,000.

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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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