Westlaw Topical Highlights: Insurance, July 19, 2013

July 19, 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.

Liability: Insured’s three-month delay in notifying liability insurer of claim was excusable. Illinois Nat. Ins. Co. v. Zurich American Ins. Co. 2013 WL 3214631 (N.Y.A.D. 1 Dept.)  Under New York law, insured’s three-month delay in notifying liability insurer of the underlying claim against it was excusable. The insured needed to investigate the claim in order to determine basic facts, such as where the claim occurred, the nature of the injury, and the insurer responsible for covering the claim.2013 WL 3214631   (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Automobile: UIM provision limiting coverage to damages in excess of tortfeasor’s policy limits did not conflict with amended UIM statute.  Jordan v. Safeco Insurance Company of America, Inc. 2013 WL 1240872 (Colo.App.)

Subrogation: Second-level excess insurer could assert claim of equitable subrogation against first-level insurer.  Steadfast Ins. Co. v. Agricultural Ins. Co. 2013 WL 3324225 (Okla.)

Liability: Insured’s actions in hosting large underage drinking party and providing alcohol to third party were not accidental.  Schinner v. Gundrum 2013 WL 3481347 (Wis.)

Jurisdiction: Complete diversity of citizenship required for diversity jurisdiction did not exist.  Davis Const. Corp. v. Erie Ins. Exchange 2013 WL 2250152 (D.Md.)

Automobile: Omnibus clause in trucker’s automobile policy covered claims brought against a contractor.  Corp. v. Canal Ins. Co. 2013 WL 1458923 (C.A.6 (Ky.))

Liability: Breach of contract claim against CGL insurer based on medical payment provision, following negligence settlement, was not a double recovery.  Barnes v. Western Heritage Insurance Company 2013 WL 3006676 (Cal.App. 3 Dist.)

Automobile: Divorced parents who child was killed were not entitled to stack UM coverage pursuant to ant-stacking statute.  Tweten v. Country Preferred Ins. Co. 2013 WL 3723168 (N.D.)