LIRB Alerts

Our current LIRB Alerts (from the last five days):

LIRB Alerts Archive:

SD - S.Ct. says lineman gets UM coverage from employer's policy even though no third-party involved

MO - 8th Cir. says no liability coverage for insured's phone hacking causing victim's alleged post-traumatic stress disorder (PTSD) and alcoholism

IL - App. Ct. says targeted tender rule limited to cases involving concurrent policies, not consecutive policies

IL - App. Ct. says no CGL coverage for blast faxes sent in violation of Telephone Consumer Protection Act

RI - S.Ct. says "On-Premises Endorsement" bars liability coverage for bar patron's auto accident

GA - App. Ct. rules "made whole" doctrine inapplicable to commercial property subrogation claims

NJ - 3d Cir. says CGL "product" exclusion bars coverage for motor home fire claim

MA - 1st Cir. says "loss of use" of uninjured tangible property doesn't include emergency repair costs

UT - S.Ct. says UIM exhaustion clauses enforceable and not against public policy

IN - S.Ct. says vehicle is underinsured when claimant is actually paid less than per-person limit of UIM coverage

ME - S.Ct. says road rage assault not within scope of employment; no coverage under business liability policy

NJ - App. Ct. rejects "all sums" allocation for New Jersey insurer in liquidation for environmental claims of Illinois insured

IL - 7th Cir. holds pollution exclusion eliminates duty to defend lawsuit alleging "Perc" contaminated a village well

LA - Fed. Dist. Ct. dismisses declaratory judgment suit where identical coverage action was pending in state court

LA - 5th Cir. upholds "consent to settle" and no action" clauses

UT - S.Ct. says UIM waiver invalid because of faulty coverage explanation

MA - 1st Cir. applying Massachusetts law said employee not entitled to employer's UIM coverage after recovering WC benefits

NH - S.Ct. says "Fireman's Rule" tort defense inapplicable to slip-and-fall involving volunteer firefighter

NH - S.Ct. says town and Dept. of Transportation have no duty to repair traffic lights rendered inoperable because of winter storm-related power

NY - Ct. of App. holds social hosts have no duty to prevent intoxicated guest from leaving their property

NC - App. Ct. says pet owner can't recover intrinsic value of dog killed by vet's negligence; recovery limited to replacement cost

CT - S.Ct. says no HO-3 policy liability coverage for carbon monoxide injuries caused by car running overnight in attached garage

MA - S.Ct. refuses to extend social host liability to underage minor allowing underage persons to consume alcohol on property under her control

PA - S.Ct. holds MVFRL doesn't prevent uninsured motorists recovering economic damages from third-party tortfeasors

OH - S.Ct. upholds constitutionality of mandatory bifurcation statute for compensatory and punitive damages presentations in tort actions

OH - S.Ct. says no sovereign immunity for governmental bodies against employment intentional tort claims

MN - 8th Cir. dismisses insureds' attempted class action alleging violations of Minnesota's antitheft device statute

IL - App.Ct. holds that policy's effective date, not date of misrepresentation, triggers time to rescind policy

NH - S.Ct. upholds "owned but not insured" exclusion in personal auto policy

MT - S.Ct. says verbal "global settlement" agreement is not binding settlement agreement

AR - S.Ct. holds workers compensation exclusion precludes no-fault medical benefits to insured's employee

IN - 7th Cir. says auto insurers don't owe fire department responder fees under CERCLA's consumer products exception

NY - App. Div. upholds CGL non-assignment clause; no duty to defend post-merger negligence claim

WI - S.Ct. says farmowners policy must defend PD lawsuit alleging insured negligently pulled claimant's trailer with his tractor

PA - Federal Ct. of App. says insured swerving to avoid box in traffic lane entitled to UM coverage under PA law

MS - App. Ct. says excess insurer, through equitable subrogation, could sue primary insurer's law firm for malpractice

OH - App. Ct. holds minor's alcohol-related death wasn't "occurrence" under Homeowners policy liability coverage

NJ - Homeowners policy auto exclusion inapplicable to assault on police officer during roadside stop

LA - S.Ct. says auto insurer's release of medical records pursuant to subpoena isn't invasion of privacy

KS - S.Ct. holds economic loss doctrine isn't bar to homeowners recovering economic losses resulting from negligent construction

PA - S.Ct. holds "negligent breach of a contractual or fiduciary duty" supports negligent infliction of emotional distress claim

IL - App. Ct. holds common fund doctrine applies to med pay subro claim despite filing of inter-company arbitration claim

HI - S.Ct. says "known or obvious danger" defense no longer viable as complete bar to premises liability claim

IL - App. Ct. says vehicle liability policy must defend spoliation of evidence claim

LA - No coverage under claims-made-and-reported policy when notice given only after extended reporting time expired

NJ - App.Div. says an ?omission? is the same as an ?act? for purposes of triggering claims made coverage

PA - S.Ct. says insurers can pro-rate recovered collision deductibles after subrogation recovery

NY - App. Div. says third-party diminished value damages recoverable in addition to cost of repairs for "classic" auto

SC - S.Ct. finds softball to be contact sport for which participants assume risk of contact injury

PA - S.Ct. holds state law does not recognize claim for negligent spoliation of evidence

TX - App.Ct. says dog owners can sue to recover damages for pet's sentimental value in accidental euthanasia claim

LA - App. Ct. says policy delivery to insured's agent is delivery to insured; Designated Roofing Operations exclusion upheld

PA - Fed. Dist. Ct. says Pennsylvania UM claims subject to state's four-year contract statute of limitations

MA - Federal Ct. of App. says no reimbursement of $425,000 settlement when homeowners violated "voluntary payments" provision

MT - S.Ct. holds estate of man dragged by cement truck not entitled to Med Pay under vehicle’s insurance policy because he did not technically “occupy

IL - App. Ct. holds no duty to defend under homeowners policy for test-drive injuries caused by negligent repair of a motorcycle

IL - App. Ct. holds homeowners policy must defend home sellers sued for negligent misrepresentation in disclosure report

IN - Federal Ct. of App. holds no "personal or advertising injury" coverage for Sherman Act anti-trust price-fixing claim

MS - S.Ct. says in construction defect claim, as a matter of first impression, vendor's waiver of right to compel arbitration was not imputed

MS - S.Ct. says state's Product Liability Statute precludes strict liability claims for negligent product design only against product's manufacturer

PA - Fed. Dist. Ct. upholds UIM "auto business" exclusion while finding "regular use" exclusion inapplicable

NJ - App.Ct. finds UIM exclusion based on coverage by another insurer ambiguous and unenforceable

LA - App.Ct. says riding as guest passengers is "use" of vehicle for UM coverage

PA - Fed. Dist. Ct. upholds UIM "auto business" exclusion while finding "regular use" exclusion inapplicable

PA - S.Ct. strikes down UIM workers compensation exclusion when applied to on-duty policeman

PA - S.Ct. upholds UIM "regular use" exclusion when applied to on-duty state police officer

LA - App. Ct. holds no policy reformation where insured mistakenly cancelled coverage on accident vehicle

PA - Super. Ct. says bystander negligent infliction of emotional distress claim without physical injury falls under auto policy definition of “bodily

IL - App.Ct. says CGL insurer must defend pollution lawsuit against marble plant operating pursuant to emissions permit

MI - App.Ct. says UIM insurer not collaterally estopped from denying coverage when liability and damages issues previously litigated

OH - S.Ct. says exhaustion of tortfeasor's liability limits not a precondition to insured suing his insurer within three-year limitation period

LA - App. Ct. says no commercial auto coverage for insured's leased tractor for accident after insured left repair shop where modifications made for h

LA - App. Ct. says homeowners policy "intentional acts" exclusion applies to unexpected results

PA - Super. Ct. says UIM "household" exclusion applies to motorcyclists' injuries incurred after being thrown off bike

MS - S.Ct. says contradictory and speculative expert testimony requires reversal of $7 million bodily injury products liability verdict

PA - Super. Ct. says insurer still liable for attorney's fees under First Party Medical Benefits Statute even if peer review process properly invoked.

FL - S.Ct. rules that auto policy household exclusions preclude coverage for bodily injuries suffered by members of household of a permissive-driver i

MI - App. Ct. permits recovery of non-economic mental anguish damages for demolition of home caused by accidental heating oil delivery

PA - Cmwlth Ct. says municipality not liable for auto accident caused by black ice on road

LA - 5th Circuit says excess insurer depositing policy amounts with court not liable for prejudgment interest

PA - S.Ct. affirms Superior Court's finding that tortfeasor's umbrella policy benefits are offset to insured's recoverable UIM benefits

MI - App. Ct. says UIM coverage limits equal to statutory minimum liability coverage is illusory coverage

NJ - App. Div. holds homeowners insured has no coverage for risks not disclosed in application

IN - App. Ct. holds moped is not "motor vehicle" under state law

LA - Federal Ct. of App. predicts phrase "legally obligated to pay" under Louisiana law limited to tort damages, not contractual obligations.

PA - Super. Ct. holds joining tort claim and contract claim for UIM benefits in same suit improper under state's venue statute

NC - App.Ct. says claimant waives right to UIM arbitration when demand not timely

CT - S.Ct. says juvenile must pay restitution for damage at unauthorized house party even though he personally caused no damage

PA - Super. Ct. holds executed waiver of UIM stacking is enforceable

LA - Fed Dist. Ct. holds insured's failure to "report" specific locations of billboards, outdoor advertising displays and highway signs negates PD cov

PA - 3d Cir. Ct. of Appeals says Third Restatement of Torts "reasonableness"-based strict liability controls in federal courts applying Pennsylvania l

LA - S.Ct. holds insurer breaching defense duty doesn't waive all coverage defenses

LA - Federal Dist. Ct. says commercial crime policy doesn't cover investment losses from Bernie Madoff's ponzi scheme.

IL - App. Ct. holds self-insured DuPage County isn't "primary insurance carrier" for purposes of stacking liability coverages

CA - S.Ct. says employer's admission of vicarious liability for employee's negligent driving bars negligent hiring claim

PA - Federal App. Ct. affirms Pennsylvania Dept. of Welfare's method for recovering Medicaid liens in civil litigation matters

PA - Governor signs Fair Share Act, changing rules of joint and several liability

IL - App. Ct. says person test-driving auto is "customer" thus not an insured under auto dealerships' umbrella and excess policies

PA - Super.Ct. upholds UIM workers' compensation exclusivity provision

NJ - S.Ct. says constructive discharge not necessary to pursue lost-wages claim under Conscientious Employee Protection Act

NJ - S.Ct. says negligent infliction of emotional distress claim triggers duty to defend even without physical manifestation

NC - S.Ct. holds that homeowners appraisal process does not allow appraisers to resolve coverage questions

SC - S.Ct. holds that state's two-tier statutory damages cap is constitutional

NJ - S.Ct. says insurer has absolute right to jury trial in "bad faith" claim brought by insured

LA - Fed. Dist. Ct. says new UM selection form unnecessary when new policy issued only to correct clerical error

LA - Fed. Dist. Ct. says CGL insurer first raising coverage defense four and a half months prior to trial wasn't prejudicial to lawsuit's other partie

TX - Federal Ct. of App. says Texas' “anti-ambulance chasing” bill is constitutional.

AR - S.Ct. says finding of bad faith not required in subrogation suit for spoliator of evidence to receive an adverse jury instruction

PA - Federal Dist. Ct. says New York law governs damages claims by Pennsylvania resident for New York accident

CA - Federal Ct. of App. holds no auto insurance coverage for dog bite injury

LA - S.Ct. holds public policy permits clear and unambiguous policy anti-assignment clauses prohibiting post-loss assignment of insurance claims

NJ - App. Ct. holds no UM benefits for estate of taxi driver killed in drive-by shooting.

LA - S.Ct. holds mailed nonrenewal notice to insured is sufficient; actual delivery not required

TX - App.Ct. holds buy-back agreement between CGL insurer and insured contractor not void against public policy

TX - S.Ct. says commercial property insurer's delay in requesting appraisal wasn't waiver of appraisal provision

PA - Trial court refuses to require protection of medicare/medicaid lien in case settlement order

PA - S.Ct. upholds household vehicle exclusion to deny inter-policy stacking of UIM benefits

NJ - App.Div. holds UIM coverage step-down provision limiting non-resident relatives to "statutory minimum coverage" is enforceable

OH - S.Ct. holds HO-3 non-insured property exclusion excludes coverage based on insured's ownership of the property

AZ - App.Ct. narrows parental liability for teenagers’ unsupervised party.

FL - S.Ct. holds attorney-insurer client privileged communications not discoverable in bad faith litigation

FL - Fed. Dist. Ct. holds total pollution exclusion bars coverage for Chinese drywall claims

NJ - App. Ct. says policy terms, not indemnification agreement, determine duties to defend and indemnify

CA - App. Ct. holds motocross track can't use release of liability to shield it from grossly negligent conduct

MO - App. Ct. holds "owned but not insured" UM exclusion unenforceable up to statutory minimum UM coverage

DE - Super. Ct. says insurer owes no duty to defend complaint alleging teacher sexually abused fourth-grade student

NY - High Court says crime victim entitled to UM and No-Fault benefits because injuries were "accident" from victim's perspective

NJ - App. Ct. upholds CGL "improper handling" exclusion to unlawful tissue removal claim against cemetery

NC - App. Ct. refines the duty to defend under "bodily injury" and "personal injury" coverages

NJ - App. Ct. holds excess underinsured motorist coverage is not available where such coverage is not included in the underlying standard-form primary

IN - App. Ct. holds "controlled substance" exclusion relieves homeowner's insurer's of duty to defend suit alleging injuries caused by ingesting stole

MO - App. Ct. applies Missouri law and voids California choice-of-law provision in professional liability policy allowing mandatory arbitration

GA - S.Ct. holds "occurrence" arises where faulty workmanship causes unforeseen or unexpected damage to other property.

NJ - Federal district court says homeowner's insurer naming repair contractor as joint payee on settlement draft not bad faith

PA - App. Div. holds driver's pre-accident intoxication inadmissible when trial limited to issue of damages

PA - S.Ct. holds attorney-client privilege applies to lawyer-to-client communications

TX - S.Ct. holds CGL "completed operations" exclusion didn't preclude duties to defend and indemnify

PA - S.Ct. holds property owner not liable for injuries to subcontractor's employee

IL - App.Ct. affirms defendant's verdict in subro suit based on defendant's at-large cow being struck by plaintiff's auto

NJ - App. Div. holds "entire controversy doctrine" doesn't prohibit joining legal malpractice claim to related breach of sales contract suit

NY - App. Div. rules insured's notice of UM claim two years after accident was untimely

MS - Federal 5th Cir., upholding intentional acts exclusion, finds manslaughter conviction estopped insured's driver from relitigating intent issue in

NJ - App. Ct. holds use of power-of-attorney to cancel liability policy pursuant to premium financing agreement binding upon additional insured

NC - App.Ct. says illiterate insured's lack of recall in receiving UM/UIM selection/rejection form doesn't entitle him by default to maximum statutory

NY - App. Div. holds garage operations endorsement inapplicable when employee operating customer's auto 60 miles from garage

NY - Ap. Div. holds cross-liability exclusion applies to injury to any insured's employee

LA - S.Ct. holds "automobile business" exclusion unenforceable

NJ - App. Ct. holds interim actions by National Arbitration Forum in PIP benefits disputes not subject to judicial review.

NY - Ct. of App. holds premises owners not vicariously liable for contractors' release of asbestos fibers

PA - S.Ct. rules Heart and Lung Benefits not subrogable in motor vehicle accident claims.

App. Div says no late notice defense where insured didn't keep address current with Secretary of State

NY - App. Div. says on-duty sheriff not entitled to UM benefits under business auto policy insuring his landscaping business

NY - App. Div. says UIM arbitration requires mutual consent per policy condition

NJ - App. Div. affirms insurer's failure to cooperate/misrepresentation defense to computer theft claim

NJ - App. Ct. says church van isn't an "auto" for purposes of PIP benefits

MS - App. Ct. reinstates excess insurer's malpractice suit against law firm retained by primary insurer to defend nursing home

AZ - App. Ct. says insured developer's agreement to consent judgment unenforceable against subcontractors and insurers.

AZ - S.Ct. holds understanding English not necessary to reject offer of UM/UIM coverages

NY - App. Div. holds employer's liability exclusion applies to additional insured for named insured employee's injuries

MS - 5th Cir. asks Miss. S.Ct. to determine constitutionality of statutory $1 million cap on non-economic damages

NJ - Murder/suicide not "occurrence" under HO and umbrella liability policies

OH - S.Ct. clarifies application of inferred intent doctrine under intentional act exclusions

NY - Untimely late reporting defense not waived under claims-made malpractice policy

NY - Insurer waived standing-to-sue defense to no-fault benefits claim for chiropractic treatment

NJ - Herpes transmission isn't "occurrence" under HO policy

PA - App. Ct. says no joinder of tort claim with declaratory suit raising UIM coverage question

NJ - App. Ct. reinstates legal malpractice claim by clients dissatisfied with PD settlement

NJ - 3d Cir. Upholds D&O policy's "insured versus organization" exclusion

MS - App. Ct. says insurer can recoup Med Pay when jury award made insured whole