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Insurance law Mist Pharmaceuticals, LLC v. Berkley Insurance Company

Mist Pharmaceuticals, LLC v. Berkley Insurance Company

New Jersey’s Supreme Court held a D&O policy capacity exclusion barred coverage for claims tied to an insured person’s role in uninsured entities, and rejected estoppel and forfeiture arguments.

  • Capacity exclusion
  • Reservation of rights
  • Duty to defend
  • Duty to indemnify
  • Consent to settlement
  • Forfeiture
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Insurance law 353 Conn. 845

Orlando v. Liburd

The Connecticut Supreme Court held that an insured’s unjust enrichment claim based on premature subrogation was ripe before judgment against the tortfeasor.

  • Make whole doctrine
  • Subrogation
  • Unjust enrichment
  • Ripeness
  • Standing
  • Declaratory relief
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Insurance law 353 Conn. 845

Orlando v. Liburd

The Connecticut Supreme Court held that an insured’s unjust enrichment claim based on premature subrogation under the make whole doctrine was ripe before judgment against the tortfeasor.

  • Make whole doctrine
  • Subrogation
  • Unjust enrichment
  • Ripeness
  • Standing
  • Priority of insurance proceeds
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Workers' compensation Arrowood Indemnity Company v. Workers' Compensation trust fund

Arrowood Indemnity Company v. Workers' Compensation trust fund

The Supreme Judicial Court held that a run-off insurer is not barred by statute from receiving second-injury reimbursements from the Workers' Compensation Trust Fund.

  • Second-injury reimbursement
  • Run-off insurers
  • Statutory interpretation
  • Trust fund eligibility
  • Agency deference
  • Workers-compensation
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Insurance law In Re State Farm Mutual Automobile Insurance Company and Lindsey Nicole Dessart

In Re State Farm Mutual Automobile Insurance Company and Lindsey Nicole Dessart

Texas Supreme Court conditionally granted mandamus in a UIM dispute, holding extracontractual claims should be abated and the insurer’s corporate representative deposition quashed.

  • Underinsured motorist (uim) coverage
  • Abatement
  • Bifurcation
  • Proportionality of discovery
  • Corporate representative deposition
  • Declaratory judgment (udja)
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Insurance law 350 Conn. 871

Napolitano v. Ace American Ins. Co.

The Connecticut Supreme Court held that workers’ compensation policy cancellation under § 31-348 requires both statutory filing and a definite, certain notice to the insured.

  • Policy cancellation
  • Notice requirements
  • § 31-348 compliance
  • Duty to defend and indemnify
  • Summary judgment
  • Workers-compensation
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Workers' compensation 350 Conn. 871

Napolitano v. Ace American Ins. Co.

The Connecticut Supreme Court held that workers’ compensation policy cancellation requires both statutory compliance and definite, unambiguous notice to the insured.

  • Policy cancellation
  • Notice requirements
  • § 31-348 compliance
  • Summary judgment
  • Workers-compensation
  • Insurance-cancellation
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Insurance law Westlake Chemical Corporation v. Berkley Regional Insurance Company and Zurich American Insurance Company

Westlake Chemical Corporation v. Berkley Regional Insurance Company and Zurich American Insurance Company

In a rehearing denial concurrence, the Texas Supreme Court said Westlake’s losses were not covered because the email use was incidental to the fraudulent payments.

  • Authorized representative definition
  • Policy exclusion for dishonest acts
  • Computer-fraud coverage
  • Summary judgment
  • Insurance-law
  • Contract-interpretation
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Insurance law 248 N.E.3d 1072; 2024 IL 130242

Zurich American Insurance Co. v. Infrastructure Engineering, Inc.

The Illinois Supreme Court held that Zurich could pursue contractual subrogation under a builder’s risk policy after paying a flood claim through the general contractor as agent.

  • Subrogation
  • Builder's risk insurance
  • Summary judgment
  • Third-party beneficiary
  • Antisubrogation/co-insured rule
  • Builders-risk-insurance
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United States decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.