Insurance Coverage and Bad Faith

DRI And the Defense Wins Indiana Supreme Court sides with insurance industry on how language should be interpreted
DRI And the Defense Wins

And The Defense Wins published by DRI: John C. Trimble and Robert M. Baker IV, recently obtained a verdict for the defense in Allen Superior Court in Fort Wayne, Indiana.

DRI And the Defense Wins: Marion County Superior Court Judge ruled that the Indiana State Fair Commission is not responsible for indemnifying or defending stage company.

Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy

Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy

Indiana Supreme Court Holds That UIM Insurer's Right to Offset Payments by "Legally Responsible" Parties Does Not Include Payments by Other UIM Insurers

Indiana Court of Appeals Affirms That Insurers Are Not Required to Offer UIM Coverage to Insured Acquiring Umbrella Policies

Indiana Court of Appeals Finds That Scooter Operator Was Not Entitled to Underinsured Motorist Coverage

Seventh Circuit Holds That "Known Claim" and "Intended or Expected Injury" Exclusions Bar Coverage for $50.56 Million Judgment Against Insured

Indiana Court of Appeals Determines That Liability Insurer Is Not Responsible for Alleged Malpractice of Defense Attorney Hired to Defend Its Insured

Court of Appeals Holds That Insured's Medical Lien Does Not Reduce Liability Limit of Tortfeasor's Policy for Determining Whether Tortfeasor is Underinsured

Indiana Court of Appeals Holds That Insurer Owes Duty of Good Faith to Non-policyholder Insured

Insurer Exposed to Potential Liability Above Policy Limits for Failing to Notify Claimant of Interpleader Action

Indiana Court of Appeals Finds Issue of Fact Over Whether School's Insurer Actions Estopped School From Asserting Plaintiff's Failure to Provide Tort Claims Notice Defense

Indiana Court of Appeals Finds That Liability Insurer's Interest In Underlying Litigation Was Insufficient To Allow It To Participate To Avoid Effects on Future Litigation

Indiana Court of Appeals Holds That Anti-Stacking and Offset Clauses Barred Insured's Recovery Under Auto Policy

Indiana Court of Appeals Determines That Insurer's Insurance Quote Language Was Sufficient To Permit Insured's Fraud Claim Seeking Coverage For Computer Hacker Loss

Court of Appeals Enforces Liability Exclusion for Claim by Minor Child in the "Care" of Named Insured

Indiana Court of Appeals Permits Named Insured Under Commercial Auto Policy to Purchase UIM Limits That Were Less Than Liability Limits

Indiana Court of Appeals Holds That Landlord's Insurer Could Not Pursue Subrogation Claim Against Tenant for Damage to Leased Property

Insurance Law Alert: INDIANA COURT OF APPEALS HOLDS THAT LANDLORD'S INSURER COULD NOT PURSUE SUBROGATION CLAIM AGAINST TENANT FOR DAMAGE TO LEASED PROPERTY

Insurance Law Alert: A FEDERAL COURT IN CALIFORNIA ADDRESSES WHETHER COVERAGE IS AVAILABLE TO DRONE OPERATOR AFTER IT STRIKES WEDDING ATTENDEE

Insurance Law Alert: SEVENTH CIRCUIT COURT OF APPEALS DETERMINES THAT TV SATELLITE PROVIDER LAWSUIT AGAINST INSURED THAT DID NOT PAY PROPER SUBSCRIPTION RATE WAS NOT COVERED AS A DEFAMATION CLAIM

Seventh Circuit Court of Appeals Determines That TV Satellite Provider Lawsuit Against Insured That Did Not Pay Proper Subscription Rate Was Not Covered as a Defamation Claim

Court of Appeals Affirms Evidentiary Privilege Protection of Insured-Insurer in Bad Faith Litigation

Florida Supreme Court Reinstates Bad Faith Verdict Against Insurer Despite Its Offer of Insured Policy Limits Within Nine (9) Days of Accident

Indiana Court of Appeals Holds That Insured's Two Wrongs Were One "Occurence"

Federal District Court Addresses Whether Liability Insurance Coverage Existed for College Student's Sexual Assault Claims Against Fellow Student

Indiana Court of Appeals Determines That Named Insured Cannot Recover Uninsured Motorist Coverage While Riding as a Passenger in His Own Vehicle

Court of Appeals Determines That Insurance Agent Lacked Legal Duty to Motorist Injured in Automobile Accident With Customer Who Sought Insurance Coverage From the Agent

Court of Appeals Determines That Insurance Agent Lacked Legal Duty to Motorist Injured in Automobile Accident With Customer Who Sought Insurance Coverage From the Agent

INDIANA COURT OF APPEALS REMANDS CASE FOR TRIAL COURT TO DETERMINE IF LANDLORD'S INSURER HAS VIABLE SUBROGATION CLAIM AGAINST TENANT
Lewis Wagner, LLP

Indiana Supreme Court Denies Transfer Of Case Holding That Insurer Has No Duty To Defend Additional Insured Until Named Insured Satisfies Self-Insured Retention
Lewis Wagner Insurance Law Alert
Walsh Constr. Co. v. Zurich Am. Ins. Co.

Where Tortfeasor's Insurer Denied Coverage Because of His Breach of Cooperation Clause, the Tortfeasor was Considered "Uninsured Motorist" to Allow Plaintiff to Recover Uninsured Motorist Benefits
Lewis Wagner Insurance Law Alert
Indiana Insurance Ins. Guar. Assoc. v. Smith

Court of Appeals interprets whether student's operation of car during a school class qualified for insurance coverage under school's policy
Lewis Wagner Insurance Law Alert
Milbank Ins. Co. v. Indiana Ins. Co.

In an unpublished decision, Court of Appeals enforces property policy language limiting insurer coverage obligation to actual cash value of destroyed home
Lewis Wagner Insurance Law Alert
Garba v. West Bend Mut. Ins. Co.

Court holds that death resulting from road-rage incident did not arise out of the use of the insured's auto
Lewis Wagner Insurance Law Alert
Estate of Curtis v. GEICO General Ins. Co.

Seventh Circuit concludes that exclusion did not apply to named insured friend's lawsuit for injuries sustained while walking dog
Lewis Wagner Insurance Law Alert
American Family Mut. Ins. Co. v. Williams

Supreme Court finds insurance policy ambiguous in comparing policy limitation of action clause to policy's requirement for exhaustion of tortfeasor's policy limits in UIM case
Lewis Wagner Insurance Law Alert
State Farm Mut. Auto Ins. Co. v. Jakubowicz

Indiana Appellate Court refuses to determine, as a matter of law, that proposed insured was "resident" of another's "household" in order to be entitled to insurance coverage
Lewis Wagner Insurance Law Alert
Secura Supreme Ins. Co. v. Johnson

Seventh Circuit affirms motion to dismiss insured claim for personal injury insurance claim for personal injury insurance coverage based upon lack of publication in defamation claim
Lewis Wagner Insurance Law Alert
Defender Sec. Co. v. First Mercury Ins. Co.

The Court of Appeals enforces contractual limitation of action provision on UIM claim
Lewis Wagner Insurance Law Alert
State Farm Mut. Auto Ins. Co. v. Jakubowicz

The Court of Appeals concludes that insurer did not breach duty of good faith by recommending cleaning contractor to insured after fire
Lewis Wagner Insurance Law Alert
Missler v. State Farm Ins. Co.

The District Court concluded that general liability insurance policy did not cover shooting event outside adult cabaret
Lewis Wagner Insurance Law Alert
Nautilus Ins. Co. v. Sunset Strip, Inc. et al.

Indiana Supreme Court adopts case-by-base approach to admission of coverage limits in UM/UIM cases
Lewis Wagner Insurance Law Alert
State Farm Mutual Insurance Co. V. Earl

Indiana Supreme Court determines that waiver of subrogation provision applies to claims for all damages covered by insurance
Lewis Wagner Insurance Law Alert
County of Jefferson v. Teton Corp.

Seventh Circuit determines that insurance adjuster does not owe duty to third party claimant
Lewis Wagner Insurance Law Alert
Lodholtz v. York Risk Service Group Inc.

Court of Appeals addresses application of primary insurance statutes when two insurance polices do not conflict on primary coverage
Lewis Wagner Insurance Law Alert
Central Mutual Insurance Co. v Motorists Mutual Insurance Co.

Court of Appeals analyzes whether insured's replacement of damaged property required insurer to pay replacement costs coverage
Lewis Wagner Insurance Law Alert
Seeber v. General Fire and Cas. Co.

Indiana Court of Appeals adopts case by case approach on land lord's ability to subrogate against tenant
Lewis Wagner Insurance Law Alert
Summer Place Apartments v. Mannia

Court concludes that adverse results of insured's small claims court decision bars subrogated insurer's claim arising from same automobile accident
Lewis Wagner Insurance Law Alert
GEICO Insurance Co. v. Graham

Supreme Court analyzes underinsured motorist setoff provision for workers' compensation payments
Lewis Wagner Insurance Law Alert
Justice v American Family Mutual

Court excuses insurer from coverage obligation because of late notice of lawsuit from insured despite the insured's lack of knowledge
Lewis Wagner Insurance Law Alert
Didion v Auto Owners Insurance Co.

Indiana Court of Appeals determines that an insurance agency owed a special duty to advise its insured about insurance coverages and that insur. comp. could be vicariously liable for agent's actions
Lewis Wagner Insurance Law Alert
Indiana Restorative Dentistry v The Laven Ins Agency

Court of Appeals finds that uninsured limits are irrelevant as evidence at trial
Lewis Wagner Insurance Law Alert
State Farm Mutual Insurance Co. v Earl

Indiana Court of Appeals rejects application of "Innocent Co-insured" Doctrine
Lewis Wagner Insurance Law Alert
Deeter v Indiana Farmers Mutual Insurance Co.

Indiana Court of Appeals enforces "battery" exclusion to bar owner's policy
Lewis Wagner Insurance Law Alert
Everhart v Founders Insurance Co.

Indiana Court of Appeals determines that insured is entitled to uninsured motorist coverage for property damage claim
Lewis Wagner Insurance Law Alert
Robinson v Erie

Indiana Supreme Court upholds Indiana's cap and allocation of punitive damage awards
Lewis Wagner Insurance Law Alert
State of Indiana v John Doe

Indiana Court of Appeals enforces arbitration clause in underinsured motorist claim
Lewis Wagner Insurance Law Alert
Pekin Insurance Co. v Hanquier

Indiana Supreme Court determines that sexual molestation by a motel employee is excluded under commercial general liability policy
Lewis Wagner Insurance Law Alert
Holiday Hospitality Franchising v AMCO Insurance Co.

Indiana Supreme Court determines that pre-judgment interest may apply to underinsured motorist claims
Lewis Wagner Insurance Law Alert
Inman v State Farm Mutual Automobile Co.

"Procedural Bad Faith-Recent Trends and Developments," American Bar Association, March 4, 2021.
American Bar Association, Insurance Coverage Litigation Section

When Competition and Coverage Collide: Clarifications, Trends, and Forecasts of Coverage B for Trade Disparagement Claims

Additional Insured Coverage - Get What You're Bargaining For

Insurance Law Alert: INDIANA COURT OF APPEALS REFUSES TO APPLY BUSINESS USE EXCLUSION TO AUTO POLICY FOR HOME HEALTHCARE WORKER TRAVELING BETWEEN JOBS

The Costs of Cyber Risks and the Cyber-insurance Coverage Landscape
DRI: In-House Defense Quarterly

The Appraisal Process and the Insurer’s Dilemma
DRI: For The Defense

DRI Uninsured Motorist and Underinsured Motorist Coverage Compendium, 2016

Common and Recurrent Problems In The Appraisal Process: It’s Time To Get It Right, Lake Buena Vista, FL
National Association Of Mutual Insurance Companies (NAMIC) Claims Conference