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Court Decisions

Vicarious liability: Must insurer pay?

Vicarious liability: Must insurer pay? Johnson-Downs Construction, Inc., entered into a contract with Art’s Landscaping, Inc., in which Art’s would perform work on the construction of an addition to the Riverside Hospital in Kankakee. The contract stated that Art’s was required to name Johnson-Downs as an additional insured on its commercial general liability policy with Pekin Insurance Company. In October 2011, Jeff Barnett, an Art’s employee, was injured while driving a front-end loader at the

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Insurer tries to have it both ways

Insurer tries to have it both ways Juan Castro and Myriam Lopez owned a house that was covered by a homeowners policy issued by Homeowners Choice Property & Casualty Insurance Company. On May 4, 2010, Castro and Lopez noticed damage to their house that appeared to have been caused by sinkhole activity. They filed a notice of claim with Homeowners Choice. On June 15, 2010, Homeowners Choice retained SDI Engineering

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When stopgap provisions collide

When stopgap provisions collide In 2012 Kimes Steel, Inc., purchased two policies from First Mercury Insurance Company, a surplus lines carrier. A commercial general liability policy had a combined single limit of $1 million and employers liability (per accident); an excess policy had a limit of $5 million. The CGL policy contained a standard exclusion for employers liability for injuries to employees. The standard exclusion was modified by an endorsement

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In UIM dispute, sauce for the goose is sauce for the gander

In UIM dispute, sauce for the goose is sauce for the gander Jody and Kevin Streff were insured under a motor vehicle liability policy with State Farm Mutual Automobile Insurance Company and an umbrella policy with State Farm Fire and Casualty Company. Both policies provided underinsured motorists coverage, and both excluded coverage for accidents caused by government vehicles. In addition to the basic UIM limits in their motor vehicle liability

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Injured employee invokes personal comfort doctrine

Injured employee invokes personal comfort doctrine Katherine Mandes, who was employed by Liberty Mutual Insurance Company as a nurse case manager, used her paid 15-minute break to take a walk around the building with coworkers. As she returned to the building she tripped and fell on an uneven sidewalk adjacent to the company parking lot and sustained multiple injuries. Mandes filed a claim for workers compensation benefits, and her employer

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