Business Pursuits and the Duty to Defend

William Bulfer

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

William Bulfer

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

William Bulfer

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

William Bulfer

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…

Special Relationships and the Dentist

William Bulfer

Indiana Restorative Dentistry, P.C. v The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc., __ N.E.3d __, 2015 WL 1087199 (Ind. March 12, 2015) Plaintiff filed a claim against Defendant for a breach of tort duty arising out of a special relationship with Laven Insurance Agency (hereinafter “Laven”).  Plaintiff also alleged a breach of…

The Defense Rests…in Peace

William Bulfer

Spurlock v. Beacon Lloyds Insurance Company, __ S.W.3d __, 2015 WL 581682 (Tex. App. January 29, 2015) Plaintiff filed numerous claims against Defendants arising out of a homeowner’s insurance policy.  The Defendants included Beacon Lloyds Insurance Company (hereinafter “Defendant-Insurer”) and Grantham-Adkins Insurance Agency (hereinafter “Defendant-Agency”).  J.O. Spurlock was the only named insured under the policy…