Westlaw Topical Highlights: Insurance, December 6, 2013

December 6, 2013

insuranceWestlaw Topical Highlights for Insurance provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting Insurance law. A Westlaw subscription is required to access the documents linked from this page.

Automobile: Ownership of vehicle by insured under business automobile insurance policy required carrier of that policy to be primary.  American States Ins. Co. v. ACE American Ins. Co.,  2013 WL 6069431 (C.A.5 (Tex.))  The ownership of a vehicle by an insured under a business automobile insurance policy required the carrier of that policy to be primary under Texas law, and it was liable for the entirety of the defense in an underlying action against both the owner of the vehicle and the driver’s employer, although the driver had been insured by another insurer under a commercial automobile insurance policy and both policies contained identical “other insurance” clauses. The policies did not conflict, and thus the “other insurance” clauses did not limit the liability or coverage based on the existence of other available insurance. 2013 WL 6069431. (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Liability: General partner of insured partnership was not third party within meaning of marine liability policy.   International Marine Underwriters v. ABCD Marine, LLC 2013 WL 6212026 (Wash.)