Seventh Circuit Holds That “Known Claim” and “Intended or Expected Injury” Exclusions Bar Coverage for $50.56 Million Judgment Against Insured
Greene v. Westfield Ins. Co., 2020 WL 3476959 (7th Cir. 2020) The case of Greene v. Westfield has a convoluted history that involves three separate lawsuits over the course of ten years. Although the decision is worth reading in its entirety, we discuss its history only as needed to understand the basis for applying the […]
Indiana Court of Appeals Determines That Liability Insurer Is Not Responsible for Alleged Malpractice of Defense Attorney Hired to Defend Its Insured
Smith v. Progressive Southeastern Ins. Co., 2020 WL 3067807 (Ind. Ct. App. 2020) This case has a long appellate history to which the Indiana Court of Appeals recently added a new chapter. Smith and Clayton were co-workers who attended a company party at a restaurant. After consuming alcohol, Smith gave permission to Clayton to drive […]
Lewis Wagner & Trimble, LLP Welcomes Jordan Crabtree as New Associate
Lewis Wagner & Trimble is pleased to welcome Jordan Crabtree as an associate attorney in the firm’s Litigation Group, where he will focus on insurance coverage disputes, bad faith defense, insurance defense, and general litigation. Jordan earned his J.D. from the Indiana University Robert H. McKinney School of Law in 2019. Prior to law school, […]
Court of Appeals Holds That Ransomware Attack Did Not “Fraudulently Cause” Insured to Buy Bitcoin to Pay Ransom
G&G Oil Co. of Indiana v. Cont’l W. Ins. Co., 2020 WL 1528095 (Ind. Ct. App. 2020) An oil company was a victim of a form of cyber extortion known as ransomware. A hijacker infiltrated the company’s computer network, encrypted its servers, and password-protected its drives. The hijacker demanded a ransom of three bitcoins to […]
Court of Appeals Holds That Insured’s Medical Lien Does Not Reduce Liability Limit of Tortfeasor’s Policy for Determining Whether Tortfeasor is Underinsured
Catanzarite v. Safeco Ins. Co. of Indiana, 2020 WL 1465936 (Ind. Ct. App. 2020) In Catanzarite, the plaintiff was injured in a car accident caused by the negligence of another motorist. The plaintiff’s auto policy provided underinsured motorist (“UIM”) coverage with a limit of $100,000, which was also the liability limit of the tortfeasor’s auto […]
Indiana Court of Appeals Holds That Insurer Owes Duty of Good Faith to Non-policyholder Insured
Schmidt v. Allstate Prop. and Cas. Ins. Co., 2020 WL 701176 (Ind. Ct. App. 2020) In Schmidt v. Allstate Prop. and Cas. Ins. Co., an automobile passenger was injured while riding in a car being driven by a policy’s named insured. The passenger presented an underinsured motorist (“UIM”) claim to the vehicle’s insurer, Allstate. The […]
Insurer Exposed to Potential Liability Above Policy Limits for Failing to Notify Claimant of Interpleader Action
First Chicago Ins. Co. v. Collins 2020 WL 356240 (Ind. Ct. App. 2020) A driver of a car insured by First Chicago Insurance Company (“First Chicago”) was involved in an automobile accident which resulted in injuries to multiple parties. One of the injured parties, Dunn and her child, retained counsel who notified First Chicago of […]
Indiana Court of Appeals Finds Issue of Fact Over Whether School’s Insurer Actions Estopped School From Asserting Plaintiff’s Failure to Provide Tort Claims Notice Defense
Madison Consolidated Schools v. Thurston 2019 WL 5415842 (Ind. Ct. App. 2019) After an accident, an injured school bus passenger’s mother was contacted by an adjuster for the school’s insurer to discuss potential resolution of the passenger’s claim. The adjuster repeatedly advised the passenger’s mother that the passenger’s claim had to be resolved before the […]
Insured’s Voluntary Intervention in Lawsuit Did Not Trigger Insurer’s Duty to Defend Against “Suit”
Global Caravan Tech., Inc. v. The Cincinnati Ins. Co. 2019 WL 5288167 (Ind. Ct. App. 2019) Hoefer started and became the owner of a company manufacturing recreational vehicles. Other investors joined the company and became officers. Hoefer was eventually removed as an owner of the company, so he sued the investors and other part owners […]
Indiana Court of Appeals Finds That Liability Insurer’s Interest In Underlying Litigation Was Insufficient To Allow It To Participate To Avoid Effects On Future Litigation
Prime Ins. Co. v. Wright, 2019 WL 4678394 (Ind. Ct. App. 2019) This case presented an unusual situation concerning whether a liability insurer facing potential future liability under an MCS-90 endorsement has an interest in existing litigation to seek to set aside a default judgment against its insured. Federal law requires motor carriers to demonstrate […]
