by admin | Jun 28, 2018 | - News & Press Releases, Steven Plitt
The question of whether attorney’s fees awarded under Minnesota’s insurance unreasonable denial statute could exceed the policy limits of the policy was recently addressed by the Minnesota Supreme Court in Wilbur v. State Farm Mutual Automobile Insurance Co., 892 NW2d...
by admin | Jun 15, 2018 | - News & Press Releases, Steven Plitt
The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 377 P.3d 784 (Wyo. 2016) adopted the notice-prejudice rule. The court also found that any policy exclusion that attempted to displace the notice-prejudice rule was...
by admin | May 31, 2018 | - News & Press Releases, Steven Plitt
When two or more uninsured motorist policies apply, a question arises as to whether those policies should pro-rate with each other, or one of the policies should be designated as primary, with the other as excess. This issue was addressed by the Kentucky Supreme...
by admin | May 25, 2018 | - News & Press Releases, Steven Plitt
Recently, the Montana Supreme Court, in a split decision, found that the trial court must utilize an objective standard in considering the value of the claim and the insured’s loss of coverage when it determines the reasonableness of a stipulated settlement entered...
by admin | May 17, 2018 | - News & Press Releases, Steven Plitt
New York has adopted a pro-rata allocation methodology for continuous and progressive losses where coverage for all triggered policies is determined on a time-on-the-risk basis. Recently, the New York Court of Appeals in Keyspan Gas East Corp. v. Munich Reinsurance...
by admin | May 10, 2018 | - News & Press Releases, Steven Plitt
Louisiana has recognized a pro rata allocation method for determining indemnification in long latency exposures. However, the Louisiana courts have not resolved the issue of whether defense costs should also be allocated in those type of cases. The Louisiana Supreme...
