TCPA damages covered by business owner’s insurance 
Published: May 30, 2013
Tags: insurance, junk faxes, punitive damages, TCPA, Telephone Consumer Protection Act
A businessman’s commercial general liability policy covered a $1.7 million class settlement of federal “junk fax” claims, the Illinois Supreme Court has ruled.
Aflac could arbitrate death benefits dispute
Published: May 3, 2013
Tags: accidental death benefits, Aflac, arbitration, insurance
American Family Life Assurance Company (Aflac) could compel arbitration of state-law claims challenging the distribution of death benefits under an accident insurance policy, the 5th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
Bad faith plaintiff may see entire claims file
Published: March 1, 2013
Tags: attorney-client privilege, bad faith, insurance
An insurance company sued for bad faith could prevent the discovery of the plaintiff’s claims file only to the extent that the file included privileged attorney communications, the Washington Supreme Court has ruled.
Insurer’s attorney can’t have ex parte talk with doctor
Published: January 2, 2013
Tags: confidentiality, dental malpractice, ex parte communication, insurance, malpractice, medical malpractice
State law protecting confidential medical information bars an attorney retained by a malpractice insurer from conducting an ex parte interview with a treating doctor who is not a party to the patient’s lawsuit, the Florida Supreme Court has ruled in reversing judgment.
Insurance exclusion bars coverage of truck crash
Published: November 30, 2012
Tags: business use exclusion, insurance
A “business use” exclusion in a trucking policy precluded coverage for a semi-tractor that was involved in an accident before the driver picked up a load, the Michigan Court of Appeals has ruled in reversing judgment.
Broker may be liable for inadequate policy
Published: November 29, 2012
Tags: insurance, negligence
An insured may bring a negligence suit against an insurance broker for failure to procure adequate insurance coverage even though the insured accepted the policy without reading it, New York’s highest court has ruled.
Excess insurer can sue for underlying legal malpractice
Published: November 21, 2012
Tags: insurance, legal malpractice, negligence, nursing home litigation
A nursing home’s excess insurance carrier could sue the primary insurer’s lawyers for their alleged professional negligence in handling a personal injury claim, the Mississippi Supreme Court has ruled in reversing judgment.
Insurer has no duty to defend TCPA claim
Published: November 5, 2012
Tags: insurance, junk faxes, punitive damages, Telephone Consumer Protection Act
An insurer had no duty to defend a business sued under the Telephone Consumer Protection Act for sending unsolicited faxes, the Illinois Appellate Court has ruled in affirming a summary judgment.
Insurer doesn’t owe duty of good faith to foster child
Published: October 22, 2012
Tags: bad faith, breach of contract, insurance, wrongful death
An insurance company that provided foster care liability insurance did not owe a duty of good faith to a foster child who died from neglect, the 10th Circuit has ruled in affirming judgment.
UIM coverage triggered for accident in uncovered auto
Published: October 1, 2012
Tags: insurance, UIM coverage, underinsured motorist coverage
A teenager was entitled to underinsured motorist coverage for injuries sustained in a vehicle that was not listed on her father’s automobile insurance policy, the 7th Circuit has ruled in affirming a summary judgment.
