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Insurance – CGL – Oklahoma Law – ‘Any Employer’ – Contractor’s Employee (access required)

Naylor Concrete Construction Co. v. Mid-Continent Casualty Co.  (Lawyers Weekly No. 14-16-0086, 34 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Holding: The plaintiff-subcontractor’s commercial general liability insurance policy treated ...

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Insurance – Duty to Defend – Underlying Tort Action – Negligence & Intent – Funeral Home – Desecration (access required)

Montgomery Mutual Insurance Co. v. Citadel Management, LLC Where an underlying state court action accuses defendants of both negligent and intentional acts in their alleged desecration of a body and disturbance of gravesites, the plaintiff-insurance companies have a duty to defend the underlying action.

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Insurance – Auto – UIM – Selection/Rejection – Credibility – Directed Verdict Motion (access required)

Robinson v. Discovery Insurance Co. : Although defendant presented evidence that it was agency policy to explain the availability of underinsured motorist coverage to customers, since plaintiff presented evidence that her signature on the UIM selection/rejection form was not genuine, defendant’s evidence was not manifestly credible. Defendant bore the burden of proof; therefore, the trial court correctly denied its motion for a directed verdict.

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Insurance – Property of Others — Unfair Trade Practices – Civil Practice – Appeals — Rule 60 Motion (access required)

FSI, Inc. v. Newson On appeal, the defendant-insurance agent and agency argue that a reasonable jury could find that the policy the agent procured for plaintiff did in fact provide coverage for plaintiff’s loss and that this court is not bound by a federal district court’s ruling to the contrary. However, at the trial-court level, defendants admitted in both discovery and argument that the policy did not provide coverage.

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