Westlaw Topical Highlights: Insurance, September 2, 2016

September 2, 2016

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.

Bad Faith and Unfair Practices: Insurer’s use of time during which repairs occurred as period of restoration for providing business income coverage did not amount to bad faith.  G&S Metal Consultants, Inc. v. Continental Casualty Company, 2016 WL 4095608 (N.D.Ind.) Under Indiana law, an insurer’s reliance on a five-month period of restoration in providing business income coverage arising from an explosion at an insured’s aluminum processing plant was not so flagrantly unreasonable as to qualify as bad faith. The five-month period was the only substantial period of time during which repairs to the plant were actually performed. 2016 WL 4095608  (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).       

Appeals: Vehicle owners’ motion for reconsideration did not extend time for filing notice of appeal from judgment dismissing complaint.  Brennan v. Travelers Home and Marine Ins. Co. 2016 WL 4037195 (Ill.App. 1 Dist.)

Bad Faith and Unfair Practices: Insurer’s rejection of proposed settlement for policy limits which stated that release did not include court-ordered restitution was unreasonable.  Barickman v. Mercury Casualty Company 2016 WL 4274674 (Cal.App. 2 Dist.)

Liability: Certifying question to Supreme Court of California was warranted as to whether there was an “occurrence” under commercial general liability policy.  Liberty Surplus Insurance Corporation v. Ledesma and Meyer Construction Company, Inc. 2016 WL 4434589 (C.A.9)

Insolvent Insurers: Balance of factors did not support lifting anti-suit injunction in insurance liquidation proceeding.  In Matter of Liquidation of Freestone Insurance Company 2016 WL 3670040 (Del.Ch.)

Bad Faith and Unfair Practices: Insurer found to not have acted in bad faith was entitled to voluntary dismissal of its declaratory judgment counterclaim that no coverage existed.  Morden v. XL Specialty Insurance Co. 2016 WL 4083733 (D.Utah)