Columbia Casualty Company v. National Union and AISLIC (Los Angeles County, CA, October 2011) *see DRI article
Defense verdict in a three week jury trial on claim seeking $6.5 million for bad faith failure to settle an underlying traumatic brain injury claim.
Walgreen Co. v. Illinois National (Cir. Ct. Cook County, Ill., Sept. 2011)
Summary judgment finding no coverage for class action settlement of claim for improper dissemination of personal medical information.
Advanced Environmental Recycling Technologies, Inc. v. AISLIC, 2010 WL 4272729 (5th Cir. Ct., Oct. 22, 2010)
Fifth Circuit affirmed District Court’s grant of summary judgment finding that class action settlement for defective mold resistant decking was not an “occurrence” and finding that umbrella policy did contain a “your product exclusion,” which precluded coverage for the settlement.
American Legacy v. National Union, 623 F.3d 135 (3d Cir., Oct. 12, 2010)
Third Circuit affirmed District Court’s summary judgment finding that insurance policy owed no obligation to reimburse insured $16.8 million in attorneys fees incurred to defend litigation against a tobacco company arising out of the insured’s anti-smoking campaign.
Gallina, et al. v. Commerce & Industry, 2010 WL 1558722 (11th Cir. April 20, 2010)
Eleventh Circuit affirmed summary judgment finding that claimant’s attempt to enforce a $7 million consent judgment entered without the insurers’ consent breached the policy terms. The claimant also sought $70 million in punitive damages for bad faith. Both Courts found that the insurer did not commit bad faith in the handling of the claim.
Walgreen Co. v. National Union (Cir. Ct. Cook County, Ill., July 7, 2008)
Summary judgment finding no advertising injury coverage for a patent infringement claim involving automated telephone system used in part to sell insured’s products.
Illinois National v. Banc One, 2008 WL 5423262 (N.D. N.Y., Dec. 29, 2008)
Summary judgment finding no coverage due to late notice.
Ryerson Tull v. Illinois National (Ill. App. Ct., May 29, 2009)
Manufacturer of pipes installed under Louisiana highway sought coverage for $15 million settlement with the Louisiana Highway Authority for defective coating on the pipes. The Illinois Appellate Court affirmed summary judgment finding that the settlement was not in anticipation of liability for covered damages as the insured could not meet its burden to establish any third-party property damage. The trial court also dismissed the insured’s bad faith claim, which was affirmed by the Appellate Court.
Gateway Hotel Holdings v. Lexington, 275 S.W.3d 268 (Mo. App. Ct., 2008)
Appellate Court affirmed summary judgment in case of first impression in Missouri. The Courts enforced an athletic participant’s exclusion to preclude coverage for a claim that the insured failed to provide adequate medical care to a boxer after a fight resulting in permanent brain injury.
Liberty Mutual Ins. Co. v. American Home Assur. Co., 348 F. Supp. 2d 940 (N.D. Ill., Dec. 22, 2004)
In case of first impression, court granted summary judgment dismissing $20 million claim that client failed to settle an underlying railroad crossing accident by only offering the insured’s $5 million SIR, which resulted in a $54 million underlying verdict. Court found that excess insurer had no duty to settle as it did not retain control of the defense.
Travelers Ins. Co., v. Eljer Manuf., Inc., 197 Ill. 2d 278, 757 N.E.2d 481 (Ill. 2001)
In a seminal ruling, Illinois Supreme Court held that property damage coverage is triggered only by an actual leak in a polybutylene pipe and that cost to replace the defective pipes are not covered under CGL policies.
Westchester Fire Ins. Co. v. G. Heileman Brewing Co., Inc., 2000 WL 1875875 (Ill. App. Ct., Dec. 22, 2000)
Illinois Appellate Court reversed a $5.5 million judgment holding that the known loss doctrine precluded coverage and that the excess insurer did not breach a duty to defend.
