Aug
24
Panel Finds Coverage Is Barred By ‘Care, Custody, And Control’ Policy Exclusion
August 24, 2011 | Leave a Comment
ST. PAUL, Minn. – A liability insurance policy’s “care, custody, and control” exclusion precludes all of a claimant’s property damage claims to its cattle, a Minnesota appeals panel held Aug. 22, reversing a lower court’s ruling against the insurer (Gaza Beef Inc. v. Grinnell Mutual Reinsurance Company, No. A11-444, Minn. App.; 2011 Minn. App. Unpub. [...]
Jun
14
9th Circuit Finds Calif. Diesel Rules Not Preempted By Clean Air Act
June 14, 2011 | Leave a Comment
SAN FRANCISCO – Three rules adopted by the Monterey Bay Unified Air Pollution Control District in May 2007 requiring owners and operators of diesel engines to register the engines and pay fees for them are not preempted by the federal Clean Air Act (CAA), the Ninth Circuit U.S. Court of Appeals held May 27 in [...]
May
21
Judge Finds No Coverage For Professional Negligence Claims Against Accounting Firm
May 21, 2011 | Leave a Comment
ORLANDO, Fla. – Partners of an accounting firm had knowledge that the firm’s principal’s acts or omissions in connection with a client’s representation might reasonably be expected to be the basis of an underlying professional negligence claim, a Florida federal judge held May 16, granting the insurer’s motion for summary judgment (Cuthill & Eddy LLC, [...]
May
15
Judge Finds Delay In Payment Not Attributable To Insurer, Not Bad Faith
May 15, 2011 | Leave a Comment
PHILADELPHIA – Alleged delays in settling a policyholder’s underinsured motorist (UIM) claim and in obtaining an independent medical examination (IME) had a reasonable basis, a Pennsylvania federal judge ruled May 9, granting an insurer’s motion for summary judgment on the bad faith claim against it (Nancy Thomer v. Allstate Insurance Co., No. 10-cv-375, E.D. Pa.; [...]