Westlaw Topical Highlights: Insurance, July 26, 2013

July 26, 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.

Duty to Defend: Automobile insurer had duty to defend store, as permissive user, in customer’s premises liability suit.  Menard, Inc. v. Country Preferred Ins. Co. 2013 WL 3757427 (Ill.App. 3 Dist.)  An automobile insurer had a duty to defend a store in the insured customer’s premises liability action, stemming from an alleged injury that occurred during the process of a store employee loading bricks into the customer’s car. The store was insured under the customer’s automobile insurance policy due to its “use” of her car while loading it. The injury allegedly sustained by the customer could have been causally connected with the loading of her car, triggering the insurer’s duty to defend the store. The customer alleged that before she fell, she was assisting the store employee, and then tripped over debris near her vehicle. This decision may not yet be released for publication. 2013 WL 3757427 (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Excess and Umbrella: Primary insurer acted in bad faith under Florida law in failing to notify excess insurance carrier of settlement offer after verdict.  Westchester Fire Ins. Co. v. Mid-Continent Cas. Co. 2013 WL 3189053 (S.D.Fla.)

Automobile: Insured corporation’s negotiation process for obtaining automobile insurance constituted an application creating new policy.  Guillory v. Progressive Ins. Co. 2013 WL 3331304 (La.App. 3 Cir.)