Excess
Illinois Insurance Guaranty Fund’s Cap Is Inapplicable to Claims under Excess Workers’ Comp Policies, State’s Highest Court Rules
The Illinois Supreme Court has ruled that the statutory cap on the amount payable by the Illinois Insurance Guaranty Fund on claims against an insolvent Illinois insurer that is inapplicable to “any workers compensation claims” under policies providing primary coverage to employers also is inapplicable to any claims under policies issued by insolvent Illinois insurers providing excess coverage for workers’ compensation awards. Read More

Statute of Limitations
Insurance Carrier Had Burden of Proof on Insureds’ Tolling Defense, Connecticut Supreme Court Holds
A divided Connecticut Supreme Court has ruled, 5-2, that an insurance carrier that moved for summary judgment on timeliness grounds based on a Connecticut statute of limitations had the burden to establish that there was no genuine issue of material fact concerning whether the policyholders had brought their action within the period provided by the statute or had met the tolling provisions provided in the statute. Read More

Trial Strategy
Can Naming an Insurance Adjuster as a Defendant Help to Defeat Diversity Jurisdiction?
When a policyholder sues an insurance company in a state court, it may have to face the carrier’s effort to remove the case to federal court. Can adding an insurance adjuster as a defendant help to defeat diversity, and the carrier’s efforts to litigate in federal court? A recent decision by the U.S. District Court for the Northern District of Texas suggests that the answer may be yes. Read More

Commercial Auto
“Additional Insured” Was Not Entitled to Notice of Policy’s Termination, Indiana Appellate Court Rules
An Indiana appellate court has affirmed a trial court’s decision and has ruled that an additional insured was not entitled to notice of the policy’s termination. Read More