Alternate Avenues of Risk and Recovery

Wilks v. Manobianco, __ P.3d __, 2015 WL 4132181 (Ariz. July 9, 2015) Plaintff obtained UM and UIM automobile insurance coverage from defendant broker for two years.  Following this time, plaintiff switched to another automobile insurance company.  One year later, plaintiff decided to go back to his first carrier and contacted defendant, allegedly instructing him…

Business Pursuits and the Duty to Defend

Preferred Mutual Ins. Co. v. Vermont Mutual Ins. Co., __ N.E.3d __, 2014 WL 9909470 (Mass. App. Ct. June 17, 2015) Preferred Mutual Insurance Company (hereinafter “Preferred”) brought a declaratory judgment action against Vermont Mutual Insurance Company (hereinafter “Vermont”) seeking a determination that Vermont had the sole obligation to defend and indemnify Joseph Munyon.  This…

UIM Credit

Karper v. Calderon, __ A.3d __, 2014 WL 8883198 (N.J. Super. Ct. App. Div. May 28, 2015) (per curium) This action arose out of an automobile accident where plaintiffs suffered damages in excess of the tortfeasor’s liability insurance coverage.  When calculating Plaintiffs’ entitlement to UIM benefits, the Law Division judge applied a single individual credit…

Odor Insurance

Mellin v Northern Security Insurance Co., Inc., __ A.3d __, 2015 WL 1869572 (N.H. April 24, 2015) Plaintiffs filed a declaratory judgment action against Defendant asserting that their homeowner’s insurance policy required Defendant to reimburse them for loses to their condominium caused by a cat urine odor.  Plaintiffs’ downstairs neighbor owned two cats.  Plaintiffs leased…

Coverage for Your Commute

Christopher Bartolomucci v. Federal Ins. Co., et al., __ S.E.2d __, 2015 WL 1727279 (Va. April 16, 2015) Plaintiff filed a declaratory judgment action seeking to establish that his personal vehicle fell within the scope of the Federal Insurance Company Insurance Policy (hereinafter “Policy”) issued to Plaintiff’s law firm.  Plaintiff was involved in a motor…