INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Parsing the MCS-90 endorsement The federal Motor Carrier Act of 1980 requires some motor carriers to maintain minimum levels of financial responsibility. One way carriers can comply with these requirements is by adding an MCS-90 endorsement to their insurance policy. This endorsement provides that if a motor vehicle is involved in an accident, the insurer may be required to pay any
Court Decisions
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Which UIM limits apply? On February 3, 2016, Matthew Bronson, who was intoxicated, was driving in a southbound direction when his vehicle entered the northbound lane and collided with a vehicle owned by Pamela Dana, resulting in serious injuries to Pamela and William Dana, who was a passenger in Pamela’s vehicle. Pamela’s injuries ultimately proved fatal. Jessica Jones, a passenger in
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Independent counsel denied On July 4, 2015, a fire occurred on a property in Los Angeles controlled by the Darwish family. A squatter died. Two tenants, two surviving squatters, and the estate of the deceased squatter sued the Darwishes and their corporate entities, including Nede Management, Inc., which managed the property. The suit (the Hall action) alleged claims for wrongful death,
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS A matter of interest Noranda Aluminum Holding Corporation once operated an aluminum smelter in Missouri, but shut it down after two serious accidents. Thirteen different insurers had issued Noranda all-risks policies that covered the accidents, but the parties disagreed about whether Noranda was also covered for certain business interruption losses. In October 2019, after a jury trial, the superior court found
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS A blow for the opioid crisis Rite Aid Corporation, Rite Aid Headquarters Corporation, and Rite Aid of Maryland, Inc., held a general liability policy issued by Chubb, Limited. Rite Aid and others were defendants in multi-district litigation before the United States District Court for the Northern District of Ohio (the “MDL Opioid Lawsuits”). Plaintiffs in that suit filed over 1,000 suits
