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In All America Ins. Co. v. Lampasona Concrete Court., 120 N.E.2d 1258 (Mass.App.Ct. 2019), a Massachusetts appellate court vacated a trial court’s decision and held the trial court erred in ruling that Exclusion J(6) precluded coverage for the cost of removing and replacing a hospital’s flooring structure when the insured subcontractor had only worked on the concrete slab underlying the floor. All America had sought a declaration that Lampasona’s CGL policy excluded coverage for damage to a vapor barrier and carpet tiles resulting from Lampasona’s negligent installation of a concrete subfloor at Beverly Hospital and that it had no duty…
The Illinois Appellate Court for the First District ruled that an insured was entitled to independent counsel where its insurer was reserving rights based on a punitive damages exclusion and the claim for punitive damages was the greatest part of the insured’s exposure. In Xtreme Protection Services LLC v. Steadfast Ins. Co., 2019 IL App (1st) 181501 (Ill. App. Ct. May 3, 2019), the underlying case involved a suit against Xtreme Protection Services LLC for illegal wiretapping and sending threatening or harassing text messages. Plaintiff’s claim against Xtreme in the underlying case sought $800,000 in compensatory damages (within Steadfast’s $1…
In Steadfast Ins. Co. v. Greenwich Ins. Co, 2019 WI 6 (2019), the Wisconsin Supreme Court ruled that an insurer that breached its duty to defend did not have to repay the full $1,550,000 that another insurer expended in defending the insured. Instead, the court apportioned the defense costs among the two insurers on a pro rata basis according to each insurer’s policy limits.The court declined to hold that the insurer who breached its duty to defend was responsible for the entire amount as a penalty, but did hold that the defending insurer was entitled to recover its attorney fees…
In  Century Sur. Co. v. Andrew, 134 Nev.Adv.Op 100, No. 73756 (December 12, 2018), the Nevada Supreme Court, answering a certified question submitted by the United States District Court for the District of Nevada, held an insurer who breaches the duty to defend can be held liable for the entirety of a judgment in excess of policy limits, even if the insurer acted in good faith when it denied the defense. It also concluded, following the new Restatement of Liability Insurance, that an insurer may not rely upon extrinsic evidence to refuse to defend an insured, but if an…
In Witcher v. State Farm Fire and Cas. Co., 2018 IL App (5th) 170001-U (Ill. App. Jan. 26, 2018), the insureds demanded an appraisal following a fire loss.  A fire rendered the insureds’ home a total loss, but the insureds and State Farm could not agree on loss valuation. State Farm received notice of the written appraisal demand, but did not respond to it within 20 days of receipt as required by its homeowner’s policy. The subsequent 15-day deadline in the appraisal provision for the parties’ appraisers to agree on an umpire also passed without the selection of an umpire…