Westlaw Topical Highlights: Insurance, June 21, 2013

June 21, 2013

filesWestlaw 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.

Liability: Individual claims arising from same nursing home fire did not arise from related medical incidents.

Westlaw Topical Highlights Summary Added June 17, 2013 Lexington Ins. Co. v. Lexington Healthcare Group, Inc. 2013 WL 2482997 (Conn.)

Individual claims against a general and professional liability policy that all arose from the same fire at a nursing home did not all arise from “related medical incidents” within the meaning of the policy so as to render a single policy limit applicable to all of the individual claims collectively, rather than to each claim individually. The Supreme Court noted that the phrase “related medical incidents” did not clearly and unambiguously encompass incidents in which multiple losses were suffered by multiple people, when each loss had been caused by a unique set of negligent acts, errors or omissions by the insured, even though there may have been a common precipitating factor. This was an issue of apparent first impression. 2013 WL 2482997

Interpleader: Power of court was limited to remedy solely for protection of stakeholder.Buckeye State Mut. Ins. Co. v. Moens 2013 WL 1943448 (N.D.Iowa)

Disability: Insured who never filed claim lacked standing under UCL to challenge claims handling practices.  Schwartz v. Provident Life and Accident Insurance Company 2013 WL 2245730 (Cal.App. 1 Dist.)

Liability: Jury could have found that abandonment of real estate development project was cause of alleged “property damage.”  IMG Worldwide, Inc. v. Westchester Fire Ins. Co. 2013 WL 1975678 (N.D.Ohio)

Declaratory Judgment: West Virginia’s strong interest in answering open question heavily favored abstention.  Allstate Property and Cas. Ins. Co. v. Cogar 2013 WL 1975647 (N.D.W.Va.)

Life: Under Tennessee law, Accidental Death and Dismemberment policy beneficiary was not entitled to interest on benefits received.  Williamson v. Hartford Life and Acc. Ins. Co. 2013 WL 3015288 (C.A.8 (Mo.))

Duty to Defend: Coverage dispute was conflict of interest requiring liability insurer to appoint independent counsel for insured.  Schaefer v. Elder 2013 WL 2588675 (Cal.App. 3 Dist.)

Liability: Thirty-day notice provision in pollution liability endorsements in umbrella insurance policies was condition precedent.  In re Matter of Complaint of Settoon Towing, L.L.C. 2013 WL 3013868 (C.A.5 (La.))

Health: Health insurer’s RICO and fraud claims against medical provider were not essentially preempted by New York’s no-fault regime.  Government Employees Ins. Co. v. Uptown Health Care Management, Inc. 2013 WL 2138909 (E.D.N.Y.)