April, 2015 | Smith Smith & Feeley

Insurer’s Alleged Right to Equitable Offset Does Not Affect Amount of Damages Suffered By Insured, Only Amount of Damages That Can Be Recovered By Insured

April 1, 2015 by kwsm

A non-defending insurer’s alleged right to equitably offset settlement amounts paid by other non-defending insurers does not affect the amount of damages suffered by the insured, only the amount of damages that can be recovered by the insured at trial. … Read More

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General Liability Policy’s “Intellectual Property” Exclusion Bars Coverage for Insured’s Alleged Misappropriation of Claimant’s Name

April 1, 2015 by kwsm

A commercial general liability policy’s “intellectual property” exclusion relieved the insurer of any duty to defend or indemnify its insured against a suit alleging commercial misappropriation of the claimant’s name. ( Alterra Excess and Surplus Insurance Company v. Snyder (2015) … Read More

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Transient’s “Warming” Fire That Became Uncontrolled Is Not “Vandalism” For Purposes of “Vacancy” Exclusion

April 1, 2015 by kwsm

Where a transient started a fire on the floor of a house in an apparent effort to keep warm but then lost control of the fire, the fire was not an act of “vandalism” for purposes of a “vacancy” exclusion. … Read More

Month: April 2015