Here’s the latest in a case we’ve been following (we visited the site last November with our William and Mary class), the property owners’ Opening Brief in a case being considered by the Virginia Supreme Court.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen
New Fed Ct Complaint: Coronavirus Rent Freeze And Eviction Moratorium Is A Taking
Here’s the latest complaint challenging coronavirus-related orders (in this case, the City of Los Angeles’ rent payment and eviction moratoria) as a taking.
More here from the LA Times: “Landlord group sues city of L.A. over coronavirus anti-eviction protections.”
You should probably read the entire document, as it is drafted well. But…
Title Insurer Breaches Duty to Defend in Bad Faith
By Tred Eyerly
The Washington Supreme Court found that a title insurer breached its duty to defend when it was discovered that a Native American tribe had rights to access the land under a treaty with the State of Washington. Robbins v. Mason County Title Insurance Co., 2020 Wash. LEXIS 288 (Wash. May 7, 2020).
…
Georgia’s Cause Theory Means One Occurrence in Multi-Car Accident
By Tred Eyerly
The Eleventh Circuit, following Georgia law, found the cause theory meant there was a single occurrence in a multi-car accident. Grange Mut. Cas. Co. v Slaughter, 2020 U.S. App LEXIS 14057 (11th Cir. May 1, 2020).
Driving a truck owned by Four Seasons Trucking (FST), Mark Lucas crossed the center lane…
Sanctions Award Against Pro Se Plaintiff Upheld
By Tred Eyerly
The plaintiff’s failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman’s Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct. App. April 23, 2020).
After Black’s claim was denied by Fireman’s…
California Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims
By Tred Eyerly
In another round of litigation involving coverage issues between Montrose Chemical Corporation and its insurers, the California Supreme Court ruled in favor of Montrose, adopting vertical exhaustion of excess policies. Montrose Chem. Corp. of Calif. v. The Superior Court of Los Angeles County, 9 Ca. 5th 215 (2020).
In 1990, the…
Hacker’s Action Not Fraudulent: No Coverage
By Tred Eyerly
The multi-peril policy did not provide coverage for ransom paid to a hacker in order to retrieve its servers. G&G Oil Co. of Ind. v. Cont’ W. Ins. Co., 2020 Ind. App. LEXIS 126 (March 31, 2020).
G&G Oil Company held a multi-peril commercial policy from Continental. The Commercial Crime Coverage…
Coverage for Faulty Workmanship Denied
By Tred Eyerly
The court found there was no coverage for the insureds’ alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020).
Turning Point Church sued DCM Contracting for faulty workmanship on a construction project. Turning Point sent a demand letter…
Broker Not Agent of Insurer
By Tred Eyerly
The court granted the insurer’s motion for summary judgment, finding that the insured’s broker was not an agent of the carrier. Maxum Indem. Co. v. Broken Spoke Bar & Grill, 2020 U.S. District. LEXIS 49736 (W.D. Ky. March 23, 2020).
The insured argued that “insurance Agent Clark” assured him that coverage…
Hawaii Insurance Division Issues New Memorandum on Policy Handling During COVID-19
By Tred Eyerly
The Hawaii Insurance Commissioner issued Memorandum 2020-4A on April 27, 2020, waiving certain requirements for insurers and to give instructions and guidelines.
First, the Insurance Division will not regard the following as unfair trade practices or unfair methods of competition under Haw. Rev. Stat, Art. 13:
. Waiving of fees, penalties,…