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HTMLFaulty Construction Not Covered Loss under Nationwide Builders' Policy, Pennsylvania Federal Judge Rules
Charles E. Haddick; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
November 25, 2016, previously published on November 18, 2016
Two homebuilders insured by Nationwide Mutual Insurance Company and accused of poor workmanship in the case of Robert A. Bealer, et al. v. Nationwide Mutual Insurance Co., et al., E.D. Pa., No. 16-3181, Nov. 16, 2016 (Baylson, J.), are entitled to no coverage. United States District Judge Michael...

 

HTMLCourt Affirms Summary Judgment In Favor of Insurer, Rejects Insured’s Efforts to Reform Policy Based on Discovery Rule
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 24, 2016
Last Monday, the Fifth Circuit affirmed summary judgment in favor of an insurer, rejecting efforts to reform a policy by applying the discovery rule to overcome the insurer’s statute of limitations defense. In AIG Specialty Insurance Company v. Tesoro Corporation, 2016 WL 6078247 (5th Cir....

 

HTMLAuto Insurer Narrowly Escapes Large Default in UIM Suit on Restricted Appeal
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
Last Wednesday, a Texas court of appeals threw out a $960,000 default judgment against State Farm in an underinsured motorist case. In State Farm County Mutual Automobile Ins. Co. v. Diaz-Moore, No. 04-15-00766-CV, 2016 WL 6242842 (Tex. App.-San Antonio Oct. 26, 2016), State Farm's insured was...

 

HTMLSupreme Court of Texas Grants Discovery Mandamus for Carrier in Wind-Hail MDL
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
Last Friday, the Supreme Court of Texas granted mandamus relief protecting an insurer from a trial court's order requiring it to produce certain institutional discovery including management reports which contained global claims, financial and other business information. In In re National Lloyds...

 

HTMLNo Bad Faith in Battered Bentley Case Due To Insured’s Failure to Cooperate & MSJ Granted for Carrier
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
A federal judge in Dallas granted summary judgment last week in favor of an auto carrier, dismissing all of a policyholder's extra-contractual claims in an auto damage dispute. In Alhamzawi v. GEICO Casualty Co., N0. 3:15-CV-3295-K, 2016 WL 6277809 (N.D. Tex. Oct. 25, 2016), the insured's Bentley...

 

HTMLFifth Circuit Examines Crime-Protection Insurance Policy and Finds No Coverage for Loss Claimed Under “Computer Fraud” Provision
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 24, 2016
Last Tuesday, the Fifth Circuit analyzed coverage for a loss claimed under a “Computer Fraud” insurance provision and found that no coverage was afforded under the facts presented, and rendered judgment in favor of the insurer as a matter of law. In Apache Corporation v. Great American...

 

HTMLCourt Finds Insured’s Failure to Read Policy Does Not Preclude Affirmative Misrepresentation Claims against Agent under Texas Insurance Code and DTPA
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 24, 2016
Last Tuesday, the Houston Court of Appeals analyzed the impact of an insured’s failure to read a policy and whether he could be deemed to know its contents so as to defeat affirmative misrepresentation claims against an agent under the Texas Insurance Code and DTPA. The court found that fact...

 

HTMLFDIC Holds De Novo Outreach Conference
Daniel H. Burd, John J. Spidi; Jones Walker LLP;
Legal Alert/Article
November 16, 2016, previously published on October 27, 2016
As part of its recent efforts to encourage de novo bank applications, on October 13, 2016, the Federal Deposit Insurance Corporation (FDIC) held a Community Banking De Novo Outreach Meeting in its New York Regional Office. The program was entitled "Strategies for Successful De Novo Bank...

 

HTMLThe Correct Approach to the Interpretation of Boilerplate Policy Wording in Canada
Anna Casemore; Blaney McMurtry LLP;
Legal Alert/Article
November 14, 2016, previously published on November 2, 2016
On September 15, 2016, the Supreme Court of Canada released its highly anticipated decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 (CanLII), ruling on (a) the standard of review on appeals relating to boilerplate contracts, (b) the principles of insurance...

 

HTMLIt Says What It Says: Pre-Tender Defence Costs Should Not Be Covered under the Policy
Anna Casemore, Avi Sharabi; Blaney McMurtry LLP;
Legal Alert/Article
November 14, 2016, previously published on October 24, 2016
The British Columbia Court of Appeal has now set the record straight about pre-tender defence costs: If a policy expressly states that an insured must not incur expenses without the insurer’s consent, then the insured will not be entitled to reimbursement for any expenses that were incurred...

 


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