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State Auto Financial Responds to A.M. Best Announcement

State Auto Financial Responds to A.M. Best Announcement
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Liberty Mutual Insurance Bolsters Independent Agent Network With Agreement to Acquire State Auto Group

Liberty Mutual Insurance Bolsters Independent Agent Network With Agreement to Acquire State Auto Group
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Boston , Massachusetts , United-states , Columbus , Ohio , Wisconsin , Bloomington , American , Glenn-greenberg , David-long , Kyle-anderson , Kirkland-ellis

Insurer, Eateries Duel Over Virus Endorsement In COVID Suit

Insurer, Eateries Duel Over Virus Endorsement In COVID Suit
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Starkville , Mississippi , United-states , Pennsylvania , Hattiesburg , Leah-bennett , Williamf-ray , Melissa-angell , Johnd-brady , Eli-flesch , Adamh-fleischer , Coreyd-hinshaw

U.S. District Court for the Southern District of Illinois: Actions Taken on June 15

U.S. District Court for the Southern District of Illinois: Actions Taken on June 15
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Pennsylvania District Court Holds Materiality Does Not Require Fraud | Cozen O'Connor

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A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. The court granted the insurer’s motion for summary judgment on its claims for declaratory judgment and violation of the Pennsylvania Insurance Fraud Act; however, the court held that the altered invoices fell short of satisfying the elements of common law fraud.
In
State Auto Property & Casualty Insurance Co. v. Sigismondi Foreign Car Specialists, Inc., No. 19-5578 (E.D. Pa. Apr. 12, 2021), the insurer, State Auto, brought an action seeking a declaration of its rights and obligations under the policy issued to the defendant insured, an auto repair shop, Sigismondi. Plaintiff also brought claims against Sigismondi for violations of Pennsylvania’s Insurance Fraud Act, common law fraud, and reverse bad faith. Sigismondi brought a counterclaim against State Auto for bad faith, which the court dismissed.

Pennsylvania , United-states , Auto-property-casualty-insurance-co , Sigismondi-foreign-car-specialists-inc , A-district-court , District-court , Eastern-district , Pennsylvania-insurance-fraud-act , State-auto-property , Casualty-insurance , Foreign-car-specialists

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 24) | All Alerts & Newsletters

May.24.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 13, 2021, the district court for the Northern District of Georgia granted American Family Insurance Company’s and Midvale Indemnity Company’s motion to dismiss a COVID-19 business interruption claim filed by the operators of two barbeque restaurants. The court concluded that the plain meaning of the phrase “direct physical loss” requires that there be “actual, physical damage to the covered premises” and the plaintiffs failed to allege any change to the physical condition of property due to COVID-19 closure orders. Order at 11. The court further found that the policy’s unambiguous virus exclusion bars coverage because the plaintiffs “claim no losses that were not caused, at least indirectly, by the virus.”

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 17) | All Alerts & Newsletters

May.18.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 7, 2021, the district court for the Northern District of Illinois granted Westfield National Insurance Company’s motion to dismiss a Chicago bakery and a salon’s complaint alleging coronavirus-related business interruption losses. Determining the virus exclusion unambiguously bars coverage for loss indirectly caused by the coronavirus, the court found meritless the plaintiffs’ argument that the government closure orders, rather than the virus, caused their losses. Order at 7-8. Including the virus exclusion within the policy “undercuts” any argument “that Westfield unjustifiably denied” their claims.
Id. at 10.
On May 10, 2021, the Circuit Court of Cook County, Illinois granted with prejudice Motorists Commercial Mutual Insurance Company’s motion to dismiss a COVID-19 business interruption claim filed by the operator of automobile dealerships and repair shops. The court found that business interruption coverage was not available because there was neither direct physical loss of nor damage to the plaintiffs’ property due to the presence of COVID-19 on the surfaces of the premises, as “Covid-19 impacts human health and behavior but not physical structures.” Order at 7-8. The court further concluded that coverage was barred by the policy’s virus exclusion, which “could not be more clear,” as it states that the insurer will not pay for loss or damage caused by or resulting from any virus.

Cook-county , Illinois , United-states , New-jersey , Missouri , Texas , Providence-county , Rhode-island , Washington , Pennsylvania , Cincinnati , Ohio

Critical Analysis In The Claims Handling Process – One Or Multiple Occurrences? - Litigation, Mediation & Arbitration

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An issue that often arises when an insurer is
determining whether a policy provides coverage for bodily
injury or property damage under a
liability policy is the number of occurrences
that may be triggered under the policy.
Occurrence-based liability policies usually contain
a "per occurrence" limit.  While some
policies also contain a general aggregate limit, others do
not.  Typically, liability policies define
an "occurrence" as an accident, including
continuous or repeated exposure to substantially the same general
harmful conditions.  The number of
occurrences triggered by an

United-states , Florida , Georgia , American , Fourth-district-court , Indemnity-company-american , Auto-property-casualty-co , American-indemnity-company , Florida-supreme-court , Casualty-insurance-co , Travelers-insurance-company

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences? | Butler Weihmuller Katz Craig LLP

An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences...

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U.S. District Court for the Southern District of Illinois: Actions Taken on April 22

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'Complaint For Declaratory Judgment Against All Defendants ( Filing Fee $ 402 Receipt Number 0754-4461440.), Filed By State Auto Property & Casualty Insurance Company. (attachments: # 1 Exhibit A - Policy, # 2 Exhibit B - 2nd Amended Complaint, # 3 Exhibit C-3rd Party Complaint, # 4 Civil Cover Sheet, # 5 Summons Rodney Jackson, # 6 Summons Shores Builders)(chemers, Robert)'
'Corporate Disclosure Statement By State Auto Property & Casualty Insurance Company. (chemers, Robert)'
'Notice Of Appearance By Robert M. Chemers On Behalf Of State Auto Property & Casualty Insurance Company (chemers, Robert)'

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