Posted In: Insurance Recovery
Insurance Blog: Sixth Circuit Holds that Multiple Sexual Assaults Constitute a Single Occurrence
By Christopher J. Carney on May 14, 2019
The Sixth Circuit Court of Appeals recently held that the sexual assault claims of three women against an independent dealer of vacuum cleaners constituted a single occurrence for insurance purposes because the company was negligent in hiring and supervising the independent dealer....
Posted In: Insurance Recovery and Labor & Employment
Blog: Business Dispute Allegations do not Trigger EPL Coverage
By Christopher J. Carney on June 7, 2018
Employment Practices Liability ("EPL") Insurance is designed to protect businesses from losses associated with employment claims brought by employees and former employees. While policies vary in terms of what is covered, typically EPL insurance covers employers and its employees against claims of harassment, discrimination and wrongful termination based upon protected class status as well as defamation, invasion of privacy, false imprisonment, negligent supervision and other common law claims arising out of the employment relationship....
Posted In: Insurance Recovery and Litigation
Sixth Circuit Holds that Number of "Occurrences" is Based on Number of "Causes"
By Christopher J. Carney on October 17, 2017
Recently, the Sixth Circuit Court of Appeals, interpreting Kentucky law, held that the number of "occurrences" under a commercial liability insurance policy is determined by looking at the cause of the injury, not its effects. Evanston Ins. Co. v. Hous. Auth. of Somerset, 867 F.3d 653 (6th Cir. 2017). In the underlying dispute, a tree on the housing authority's property fell on two cousins, killing one and severely injuring the other. The cousin that died was pregnant and doctors delivered her baby, but he died shortly thereafter. In 2013, a state court jury found the housing authority liable and awarded the plaintiffs $3.7 million....
Posted In: Insurance Recovery
Massachusetts High Court Hold No Coverage for Counterclaim
By Christopher J. Carney on July 27, 2017
What do the courts say about an insurer's obligation to prosecute compulsory counterclaims on behalf of their insured? As you might expect, it depends upon the policy language and the jurisdiction....
Ohio Seventh District Orders Trial on Claim for Bad Faith Claims-Handling
By Christopher J. Carney on February 20, 2017
Recently, the Ohio Seventh District Court of Appeals issued a decision in Marshall v. Colonial Ins. Co., 2016-Ohio-8155, on an insurer's obligation to handle its insured's claim in good faith. In that case, Marshall suffered severe injuries in an automobile accident caused by Grundy. Marshall sued Grundy alleging certain tort claims and Colonial (his insurer) asserting a claim for uninsured/underinsured (UM/UIM) motorist coverage. Marshall, with Colonial's approval, settled with Grundy for the limits of Grundy's auto policy. Because Marshall's medical bills far exceeded those limits, he looked to Colonial for UM/UIM coverage. Colonial refused to pay the claim for years, until an arbitration panel compelled it to honor its coverage obligations....
This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2023 Brouse McDowell. All rights reserved.
