Indiana Court of Appeals Holds That Anti-Stacking and Offset Clauses Barred Insured’s Recovery Under Auto Policy
Glover v. Allstate Prop. & Cas. Ins. Co., 2019 WL 4399865 (Ind. Ct. App. 2019) When two or more insurance policies apply to a loss, a dispute often arises over whether the insured can combine or “stack” the coverage limits of those policies to increase the total coverage for the loss. While Indiana law generally […]
Indiana Court of Appeals Determines That Insurer’s Insurance Quote Language Was Sufficient To Permit Insured’s Fraud Claim Seeking Coverage For Computer Hacker Loss
Metal Pro Roofing, LLC, et al. v. The Cincinnati Ins. Co. 2019 WL 3756738 (Ind. Ct. App. 2019) This case contains a number of interesting twists and turns. An insured business learned that someone had hacked into their bank accounts and stole over $70,000.00. The insured made multiple claims for coverage under insurance policies that […]
Court of Appeals Enforces Liability Exclusion for Claim by Minor Child in the “Care” of Named Insured
Auto-Owners Ins. Co. v. Shroyer 2019 WL 2518757 (Ind. Ct. App. 2019) A mother of two sons began living with the named insured boyfriend. One day, the boyfriend was moving a skid loader out of his barn when he accidentally drove over one of the son’s battery-operated four-wheeler, resulting in personal injuries to the young […]
When Competition and Coverage Collide: Clarifications, Trends, and Forecasts of Coverage B for Trade Disparagement Claims
Courts are attuned to insureds’ attempts to transform certain common business disputes into disparagement claims, but they diverge on whether the attempts may still trigger a duty to defend. Competition is the name of the game in the marketing world, and what better marketing strategy is there than to point out the superior quality of […]
DTCI: Importance of Perfectly Worded Risk Transfer Provisions
For Construction Contracts, It’s as Easy as 1-2-3 As with any contractual agreement, the importance of shifting or transferring risk in the unfortunate event of either bodily injury or property damage loss is imperative. The importance of transferring risk in construction cases cannot be overstated since the damages are often significant and catastrophic. To read […]
Indiana Court of Appeals Permits Named Insured Under Commercial Auto Policy to Purchase UIM Limits That Were Less Than Liability Limits
Lee v. Liberty Mutual Fire Ins. Co., 2019 WL 1475092, (Ind. Ct. App. 2019) An employee was driving an employer’s automobile when he was involved in an accident with an underinsured motorist (UIM). After receiving $225,000 from the UIM, the employee sought coverage under his employer’s auto policy, which contained $2,000,000 in bodily injury liability […]
Additional Insured Coverage — Get What You’re Bargaining For
Many contracts require one party to name the other as an “additional insured,” but too often without specifying the scope of coverage required. This is problematic because coverage for additional insureds comes varied, and the parties may have different ideas of what coverage the contract requires. By the time the parties realize they have different […]
Indiana Court of Appeals Holds That Landlord’s Insurer Could Not Pursue Subrogation Claim Against Tenant for Damage to Leased Property
Youell v. Cincinnati Ins. Co., 2018 WL 6816772 (Ind. Ct. App. 2018) When a landlord’s insurer pays for damage to the leased property caused by the negligence of the tenant, can the landlord’s insurer pursue a subrogation claim against the negligent tenant? Maybe. But as the Indiana Court of Appeals recently held in Youell v. Cincinnati Ins. […]
Seventh Circuit Court of Appeals Determines That TV Satellite Provider Lawsuit Against Insured That Did Not Pay Proper Subscription Rate Was Not Covered as a Defamation Claim
Martinsville Corral, Inc. v. Society Insurance, 2018 WL 6566671 (7th Cir.) An Indiana restaurant subscribed for satellite TV service under a residential subscription rate. The satellite provider sued the restaurant by contending that the restaurant’s display of the satellite TV services in a commercial establishment, but at a residential rate, violated various federal statutes. The […]
Court of Appeals Affirms Evidentiary Privilege Protection of Insured-Insurer in Bad Faith Litigation
Zurich American Ins. Co. v. Circle Centre Mall, LLC 2018 WL 5813048 (Ind. Ct. App. 2018) In Indiana, there have not been many cases addressing the discoverability of insurance claim materials. In the case of Zurich American Ins. Co. v. Circle Centre Mall, LLC, the Court of Appeals addressed a number of evidentiary privileges in […]
