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Del.·
2025-07-23
The Delaware Supreme Court affirmed the Superior Court's dismissal of claims against the 2023 Insurers, finding that the alleged "information breach" did not constitute a separate "claim" under the policies and that, even if it did, it was barred by the Prior Acts Exclusions. How
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M.D. Fla.·
2024-12-04
The court held that the insurer is entitled to summary judgment because the insured failed to timely report the claim under the 'Sudden and Accidental Premises Pollution Liability Endorsement,' and the 'Contractors Pollution Liability Endorsement' does not provide coverage due to
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Del.·
2024-06-10
The Delaware Supreme Court affirmed the Superior Court's decision, holding that Zurich American Insurance Company has no duty to advance defense costs for the Eddystone Litigation. The Court found that the underlying claim arose from a breach of contract that occurred after the "
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Del. Super. Ct.·
2023-03-31
The Court granted the defendants' motion to dismiss, holding that all of the plaintiffs' claims were barred by the doctrine of collateral estoppel. Because the issues raised in the amended complaint had already been decided in prior litigation in Michigan and Idaho, and the plain
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Del. Super. Ct.·
2020-10-29
The Court denied the defendant's motion to dismiss, finding that the "first-filed" doctrine did not apply due to the contemporaneous and anticipatory nature of the Connecticut action. The Court granted in part and deferred in part the plaintiff's motion for partial summary judgme
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Del. Super. Ct.·
2019-06-12
The court held that the insurer, USAA, had a duty to defend and indemnify its insured, Ms. Carr, in underlying lawsuits stemming from a student's death. The court found that the incident qualified as an "occurrence" under the policy because, from the victim's perspective, it was
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Del. Super. Ct.·
2019-05-31
The court granted in part and denied in part the defendant's motion to dismiss. The court dismissed claims for employee benefits and costs of work performed by employees, finding them to be excluded or not covered. Claims for costs to fund and carry fraudulent loans, auditor fees
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Del. Super. Ct.·
2019-05-07
The court granted in part and denied in part the parties' cross-motions for summary judgment. The court held that the settlement payments constituted 'Loss' under the policies. However, genuine issues of material fact precluded summary judgment on the insurers' claims regarding t
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Del. Super. Ct.·
2013-10-30
The court held that the insurance policy provided coverage for the assessments incurred by the bank due to a data breach. The court found that the assessments qualified as Electronic Risk Claims arising from a Loss Event where the computer system was used on behalf of the bank. A
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732 F. Supp. 2d 347·
S.D. Fla.·
2010-10-20
The court held that the accidental death benefits were properly denied because the decedent's death resulted from the medical treatment of a sickness (insomnia), which was excluded under the policy terms.
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508 F. Supp. 2d 1167·
M.D. Fla.·
2007-06-14
The court found that the Employee Exclusion Provision in the Wausau Policies is ambiguous because the term 'short-term' is undefined and the facts surrounding Mr. Hart's employment are susceptible to multiple reasonable interpretations, thus precluding summary judgment.
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Del. Super. Ct.·
2001-06-29
The court granted rehearing on the issue of appellate attorney's fees, amending its prior order to condition Nationwide's fee award on ultimately prevailing in the litigation and granting Nu-Best's motion for rehearing on its own denied fee request.
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989 F.2d 635·
3d Cir.·
1993-03-16
The court held that the "On Premises" coverage provision of the Savings and Loan Blanket Bond does not cover losses from telephone fraud where the perpetrator is not physically present on the insured's premises.
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973 F.2d 192·
3d Cir.·
1992-08-17
The court held that an insurance policy's exclusion clause is unenforceable if its language is unclear and not easily understood by the insured, even if it complies with regulatory requirements.
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954 F.2d 392·
6th Cir.·
1992-01-22
A vehicle is considered insured under uninsured motorist coverage if either the owner or the operator carries liability insurance meeting the state's minimum requirements, even if the other party is uninsured. Additionally, underinsured motorist coverage is not automatically prov
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560 So. 2d 410·
Fla. 1st DCA·
1990-05-03
The court affirmed the trial court's equitable award of recovery for improvements made to real property, reduced by the reasonable rental value of the property during the period the improvers occupied it rent-free, where the improvers had a reasonable but unenforceable expectatio
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897 F.2d 593·
1st Cir.·
1990-03-01
The court held that the insurance policy's exclusion for losses sustained while intoxicated was not ambiguous, did not violate public policy, and was not a result of misrepresentation.
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851 F.2d 257·
9th Cir.·
1988-07-01
The term 'motorized land vehicle' in the homeowners policy is not ambiguous and excludes coverage for the moped.
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825 F.2d 1196·
7th Cir.·
1987-08-05
The court held that the insurance policy's nursing home benefits were only payable for days Medicare paid daily benefits, and that Part B Medicare benefits did not qualify as the required daily benefits.
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597 F.2d 1148·
8th Cir.·
1979-05-02
The court held that the homeowner's insurance policy exclusion for 'business pursuits' applied to the insured's babysitting activities, and that the parties' mutual understanding was that such activities were not covered.
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383 F.2d 145·
4th Cir.·
1967-09-13
The court held that the replacement clause in an automobile liability policy requires the replacement vehicle to be acquired at or about the same time as the old vehicle is disposed of.