Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.
Pennsylvania National Mutual Casualty Insurance Co. v. Sharpe Images, Inc. Where the business insurance policy at issue includes only defendant Sharpe Images, Inc. on the declarations page that lists the insured parties, and where the policy denies coverage to any “limited liability company … not shown as a Named Insured in the Declarations,” defendant Nextplans, LLC – a wholly owned subsidiary of Sharpe Images – is not insured by the policy.
Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.
Smithey v. Tyson Foods, Inc. Plaintiff remains in actual or constructive possession of funds that she received in settlement of a personal injury claim. Pursuant to the parties’ healthcare plan, defendants seek reimbursement of medical expenses that defendants advanced because of plaintiff’s personal injury.
Liberty Corporate Capital, Ltd. v. Delta Pi Chapter Even if defendant Cassady was acting within the scope of his duties as chapter vice-president and on behalf of his fraternity when he hosted an off-campus party, since the party violated the fraternity’s policies, Mr. Cassady was not an “insured” within the meaning of the insurance policy issued by plaintiff to the national fraternity.
Prouse v. Bituminous Casualty Corp. Plaintiff’s accident occurred when a tire fell off another vehicle and struck the truck in which plaintiff was riding, causing the driver to lose control. There was no contact between the truck and the other vehicle; therefore, G.S. § 20-279.21(b)(3)(b) does not apply, and plaintiff is not entitled to uninsured motorist coverage.
Glendale LLC v. Amco Insurance Co. Where the appraisal provision in the parties’ insurance policy was followed, the appraisers’ award is binding absent proof of impeaching circumstances.
ESAB Group Inc. v. Zurich Insurance PLC The 4th Circuit upholds a district court order requiring a South Carolina manufacturer facing multi-million dollar products liability claims to arbitrate a coverage dispute with an insurance carrier under a foreign arbitration agreement, and remanding certain non-arbitrable claims to state court.
McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, has her claim for “equitable relief” for the insurance carrier’s breach of fiduciary duty reconsidered by the 4th Circuit, in light of CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).
Patel v. Scottsdale Insurance Co. The parties’ insurance policy gives the defendant-insurer the option of paying either fair market value or replacement value for the plaintiff’s hotel, which was destroyed by fire. However, instead of granting summary judgment for the insurer, the trial court should have stayed this action until the parties completed the appraisal process set out in the policy.