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Court Decisions

Does CGL policy cover breach of contract?

Does CGL policy cover breach of contract? In contemplation of retirement, several home owners who were related by blood or marriage acquired seven lots on which to construct six houses in a subdivision on a lake in Van Buren County, Arkansas. The home owners retained CENARK Project Management Services, Inc., an engineering firm, to design the building pads for each residence that was to be built on the lots. The

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Was fire a “wrongful entry”?

Was fire a “wrongful entry”? On September 19, 2012, Charles Korzan and his brother, Michael Korzan, were moving hay bales from Charles’s property in Jones County to his property in Brule County. The weather and crop conditions were dangerously dry. To transport the hay bales, Michael drove a 1998 International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a similar semi-truck and trailer. Charles owned both semi-trucks and trailers.

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When does bad faith claim accrue?

When does bad faith claim accrue? On October 12, 2007, Ronald Brown rear-ended Christina Connelly’s Chevrolet Cavalier with his Dodge Caravan. Brown was insured under a State Farm policy that provided automobile liability coverage of $100,000 per person and $300,000 per occurrence. When Connelly sued Brown for injuries she suffered as a result of the crash, State Farm provided Brown legal counsel in accordance with his policy. Under the policy,

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UM dispute: Challenge to other-owned-vehicle exclusion

UM dispute: Challenge to other-owned-vehicle exclusion On August 15, 2012, Paul Galipeau was killed in a motor vehicle accident while riding his motorcycle. With the consent of his automobile insurer, State Farm Mutual Automobile Insurance Company, his estate settled a claim against the party at fault for $50,000, the limit of that party’s liability policy. Galipeau and his wife, Judith, the personal representative of his estate, were insured under four

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Watch your language: Notice wording bites insurer

Watch your language: Notice wording bites insurer Tim Clark was injured in a car accident in Missouri in 2010. The driver of the other vehicle, Carla Zender, was at fault. Zender carried a $100,000 automobile liability policy, and Clark settled with her and her insurer for that amount. In consideration of the settlement, Clark released Zender and her insurer from further liability arising out of the accident. Clark did not

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