Showing all results for category “CM Reports”

East Coast CM Report of Recent Decisions – 2019 Volume 2

The Fine Line Between The Duty To Defend And The Duty To Indemnify

The United States Court of Appeals for the Second Circuit affirmed a May 22, 2018, decision and order of the United States District Court for the District of Connecticut that found the language of an indemnity provision in a contract did not obligate United Illuminating Company (“United”) to indemnify Metro North Transportation Authority and Metro-North Commuter Railroad Company (collectively “Metro- North”) for the cost of defending against a personal injury suit because the intent of the language was to provide indemnification only for injuries actually caused by Metro- North.

CM Report of Recent Decisions – 2019 Volume 2

Iowa Supreme Court Declines To Recognize A Common Law Cause Of Action For Bad Faith Against A Claims Administrator Of A Workers’ Compensation Insurer

In De Dios v. Indem. Ins. Co. of N.

East Coast CM Report of Recent Decisions – 2019 Volume 1

Coverage For Contaminated Milk? Arguments On Appeal Are Spoiled When Not Raised At Trial

In a contested coverage and contribution lawsuit brought by an insured’s general liability (“GL”) carrier against the insured’s auto liability carrier,

CM Report of Recent Decisions – 2019 Volume 1

Georgia Supreme Court Holds No Bad Faith Failure To Settle Where Settlement Offer Did Not Contain Express Time Limitation

In First Acceptance Ins. Co. of Ga. v. Hughes, No. S18G0517,

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

East Coast CM Report of Recent Decisions – 2018 Volume 4

Custom Endorsement Limiting Liability For A Sewer Backup Enforced In Favor Of Insurer

A New Jersey Appellate Court found policy language limiting liability for a sewer backup to $25,000 was unambiguous and affirmed the Law Division’s grant of summary judgment to the insurer,

CM Report of Recent Decisions – 2018 Volume 4

Ohio Supreme Court Holds That Defective Subcontractor Work Is Not An “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., Slip Opinion No. 2018-OHIO-4057, the Supreme Court of Ohio held that there was no duty to defend a policyholder,

East Coast CM Report of Recent Decisions – 2018 Vol. 3

Defending A Claim For Attorney’s Fees In Bad Faith Actions: Third Circuit Court Of Appeals Affirms Decision To Deny Outrageously Excessive Claim For Attorney’s Fees

In a contested Bad Faith lawsuit brought by the named insureds against their insurance carrier,

CM Report of Recent Decisions – 2018 Volume 3

Three Federal Appeals Courts Find Coverage For Cyber-Fraud

In Spec’s Family Partners, Ltd. v. Hanover Ins. Co., No. 17-20263, 2018 U.S. App. LEXIS 17246 (2d Cir. June 25, 2018) (“Spec’s Family Partners”),

East Coast CM Report of Recent Decisions – 2018 Vol. 2

Florida Appellate Court Expands Insureds’ Ability To Sue For Bad Faith

A Florida Appellate Court ruled that homeowners can pursue a bad faith claim against their property insurer even absent a favorable coverage ruling because the insurer’s tender of policy limits constituted a determination as to liability and damages.