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Tag Archives: Insurance

Insurance – Auto – Cancellation Notice – 12:01 a.m. – Central Standard Time – 12:30 a.m. Accident in South Carolina (access required)

Delly v. First Acceptance Insurance Co. (Lawyers Weekly No. 002-074-12, 8 pp.) (Cameron McGowan Currie, J.) 3:11-cv-02226; D.S.C. Holding: Plaintiff was a passenger in a car whose driver’s insurance was cancelled effective Dec. 31, 2006 at 12:01 a.m. Plaintiff was injured in a wreck that happened in South Carolina around 12:30 a.m.

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Insurance – Duty to Indemnify – CGL – Construction – Retaining Walls & Foundations (access required)

Builders Mutual Insurance Co. v. Lacey Construction Co. A builder’s commercial general liability insurance policy may cover the cost of repairing sink holes in a resident’s yard if the builder’s faulty construction of a retaining wall led to the sink holes, but the policy does not cover any defects in the wall itself.

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Insurance – CGL – Advertisement – Photograph – Intellectual Property – Copyright Infringement – Architectural Plans – Completed House (access required)

Builders Mutual Insurance Co. v. Donald A. Gardner Architects, Inc. The commercial general liability policy that the plaintiff-insurer provided to its insured contractor afforded coverage for copyright infringement in the contractor’s advertisements; however, the underlying action between the defendant-architect and the insured contractor was based on copyright infringement through the contractor’s construction of a house. 17 U.S.C. § 120 exempts photographs of copyrighted architectural works, such as the photograph of the completed building on the contractor’s website.

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Insurance – Commercial – Schools & School Boards – Labor & Employment – Unpaid Overtime (access required)

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.

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Insurance – Duty to Defend – Declaratory Judgment Action – Contract Terms – Attorney’s Fees (access required)

Baiden & Associates, Inc. v. Crum & Forster Specialty Insurance Co. The complaint cites the Certain Underwriters at Lloyds, London policy by policy number, coverage period and coverage limits; the plaintiff-contractor attached to its complaint a certificate of insurance which reflected certain key information about the Lloyds policy; the contractor alleged that, under the insurance policies at issue, including the Lloyds policy, the duty to defend was triggered by the allegations in a state-court complaint that the insured subcontractors’ work resulted in property damage; and the complaint recited language from the policies at issue, including the Lloyds policy. Therefore, the contractor’s complaint is sufficient to advise Lloyds of the event being sued upon.

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Insurance – Fire – Rescission — Nightclub Vacancy – Occasional Use – Insurance Application Answers – Bad Faith Counterclaim – Civil Practice – Discovery – 2C Witness (access required)

Certain Interested Underwriters at Lloyd’s London v. Cooper The defendant-insured says he told his insurance agent that he used the otherwise vacant nightclub building for occasional events; however, the agent says the insured told him the building was vacant, so that is what he noted on the insurance application. There is a jury question as to whether the insured provided false information on the insurance application.

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Insurance – Accounting Malpractice – Prior Knowledge Clause – Waiver Defense – Earlier Policy (access required)

Continental Casualty Co. v. Jones The Youngblood defendants (defendants) agree that the accounting malpractice policy’s “prior knowledge” clause would ordinarily bar coverage because a partner in the accounting firm knowingly embezzled client funds. Defendants argue that the prior knowledge clause was waived as evidenced by memos and emails from 2008 concerning the decision to renew and issue the 2008 policy.

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Insurance – Workers’ Compensation – Loss Costs Rates – Overall Decrease – Publication Requirement (access required)

Consumer Advocate v. South Carolina Department of Insurance Even though the National Council on Compensation Insurance’s November 2008 filing showed an overall decrease in workers’ compensation loss costs (medical expenses and lost wages), since that overall figure averaged the loss costs of approximately 700 job classifications, many of which had loss-costs increases, S.C. Code Ann. § 38-73-910(A) mandated publication of notice of the NCCI’s loss-cost filing.

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Insurance – Lead Paint Injuries – Realty Company – Coverage Period – 40% of Judgment (access required)

Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Roberts In determining insurance coverage for a Baltimore child who won an $850,000 judgment for lead paint injuries against two defendants - a realty company and the property owner that bought the house in which the child lived - the 4th Circuit says the realty company’s insurance contract requires the carrier to pay 40 percent of the state court judgment.

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Insurance – Health – ERISA – Federal Employee – Administrative Remedies (access required)

Lominick v. Michelin Tire Where plaintiff alleges that the defendant health care plans mistakenly refused to pay her late husband’s health care expenses, plaintiff must exhaust her administrative remedies before filing suit. Defendants’ motions to dismiss and for summary judgment are granted without prejudice to plaintiff’s right to pursue any available administrative remedies.

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