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…

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Evidence of Policy Limits Admitted at Trial

State Farm Mutual Automobile Ins. Co. v. Kimberly S. Earl and the Estate of Jerry Earl, __ N.E.2d __, 2015 WL 3608850 (Ind. June 9, 2015) (Massa, J.) Jerry Earl filed a claim against State Farm Mutual Automobile Ins. Co. (hereinafter “Defendant”) seeking uninsured motorist benefits following a motorcycle accident that resulted in serious injuries. …

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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…

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Employee Misclassification

The North Carolina Senate recently unanimously passed Senate Bill 694, entitled “Employee Misclassification Reform.”  The bill provides additional sanctions for employers that repeatedly misclassify employees as independent contractors.  Repeat offenders can be assessed a fine of up to $1,000.00 per misclassified employee.  In addition to providing sanctions, the bill will create a new division within…

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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…

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