The Owner-Operator Independent Drivers Association in Indianapolis challenged Mayflower Transit’s reduction of the drivers’ per-mile rate through "chargebacks" for public injury insurance. Federal law requires motor carriers like Mayflower Transit to have insurance on all vehicles for public injury and damage. The insurance requirement prevents carriers from taking too few precautions and then hiding behind [...]
Archive for the ‘Insurance Law’ Category
Seventh Circuit holds that chargebacks for mandatory insurance do not constitute an illegal sale of insurance.
Posted in Insurance Law, Regulatory Law, Transportation Law, tagged mandatory insurance on August 10, 2010 | 8 Comments »
Arkansas Court of Appeals holds that a successful plaintiff may seek attorney fees under Ark. Code Ann. § 23-79-209, even if declaratory judgment was sought as a counterclaim.
Posted in Insurance Law, tagged attorney fees, declaratory judgment, UIM on June 16, 2010 | Leave a Comment »
Southern Farm Bureau Casualty Insurance Co. v. Krouse, No. CA 09-1264. In July 2002, Rebecca Krouse’s truck was rear-ended by a car driven by Zachary Stumon and owned by his roommate, Randy Givens. As a result of the accident, Krouse incurred substantial medical bills to treat her injuries, substantial property damage to her truck, auto rental [...]
Arkansas Supreme Court clarifies when an insurer must show prejudice from an insured’s failure to provide timely notice of a claim.
Posted in Contract Law, Insurance Law, tagged notice requirement, prejudice, condition precedent, coverage on March 18, 2010 | 1 Comment »
Fireman’s Fund Insurance Company v. Care Management, Inc., No. 09-662. In June 2006, Care Management, Inc. (“Care Management”), was sued for negligence, medical malpractice, and wrongful death. In September 2008, Care Management’s attorney notified Care Management’s insurers that the case was set for trial on October 7, 2006, provided them with a copy of the [...]
Tennessee Court of Appeals upholds an intentional acts exclusion.
Posted in Insurance Law, tagged homeowner's insurance, intentional acts exclusion on May 6, 2009 | Leave a Comment »
Two boys, Will Buckner (15 years old) and Josh Buckner (13 years old), shot .22-caliber rifles into traffic on Interstate 40. The shots killed one person, Aaron Hamel, and injured another, Kimberly Bede. The Buckners were insured by a homeowner’s insurance policy through Metropolitan Property and Casualty Insurance Company, who filed a complaint for declaratory [...]
"Other insurance" clause of umbrella policy trumps insolvency of primary insurer in gap-in-coverage dispute.
Posted in Insurance Law, tagged insolvency, other insurance clause, primary insurance, umbrella insurance on April 27, 2009 | 2 Comments »
Northwest Insurance Law Blog has an interesting summary of the recent Ninth Circuit decision in California Insurance Company v. Stimson Lumber Co.
Even though jury knew amount of policy limits, Arkansas Court of Appeals allows recovery of 12% penalty and attorney’s fees because insured never asked for policy limits at trial.
Posted in Insurance Law, Practice & Procedure on February 12, 2009 | 1 Comment »
State Farm Auto. Ins. Co. v. Stamps, No. CA08-750. This case involves a dispute between an insured and her insurance carrier over the insured’s entitlement to underinsured motorist benefits. The insured was in an automobile collision with a drunk driver and received the drunk driver’s policy limits of $50,000 for her damages. Her damages exceeded [...]
In Arkansas, exclusionary clause must specifically exclude unintended results of intentional acts.
Posted in Insurance Law on February 4, 2009 | Leave a Comment »
Parker v. So. Farm Bureau Cas. Ins. Co., No. CA 08-568. In an undoubtedly weird case, two neighbors in rural Arkansas shot at each other across the fence line. Ron Parker shot at Gene Graves, who returned fire. The Graves’ shot hit Mr. Parker, killing him instantly, and then hit his wife, Laura, who was [...]
Eighth Circuit holds that executing on a surety bond requires only but-for causation.
Posted in Arbitration, Construction Law, Contract Law, Insurance Law on February 4, 2009 | Leave a Comment »
Spirtas Co. v. Ins. Co. of the State of Penn., No. 07-1547. Contracts A contractor entered into a $2.8 million agreement with a property owner to remove asbestos from the property. The remediation contract contained an arbitration clause. The property owner required the contractor to obtain a $2.8 million surety bond for the work. The [...]
Arkansas Supreme Court holds that anti-stacking provisions do not violate Ark. Code Ann. 23-89-209.
Posted in Insurance Law on December 23, 2008 | 1 Comment »
Couch v. Farmers Ins. Co., No. 08-389 A young lady was killed while a passenger in a one-vehicle accident. Her family received $20,000 from the insurance carrier of the vehicle involved in the accident and $50,000 in underinsured motorist (“UIM”) benefits from Farmers. Her family then sued Farmers for $150,000 in UIM benefits from three [...]
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