A golf course was insured by an insurance policy which included "Liquor Liability Coverage". The parents of a 17-year-old girl working at a golf course brought a lawsuit against the golf course and its manager for allegedly providing alcohol to their daughter following a golf tournament. The girl attempted to drive after consuming a substantial
Choice of Law Governing The Liability Under An Insurance Contract
A product distributor in the oil-drilling industry was sued by several individuals claiming they were exposed to asbestos in the products distributed. The distributor subsequently filed claims with its multiple insurance companies seeking liability coverage. The insurers disagreed there was coverage for the liability claims under the policies. A series of declaratory judgment actions ensued
Named Driver Exclusion From Coverage
As a result of a collision between a car and a motorcycle, a lawsuit was filed in which a judgment was rendered in favor of the motorcycle driver and his passenger and against the driver of the car for bodily injuries and property damage. A garnishment action was subsequently filed against the car driver’s insurance
Foster Care Liability Insurance Coverage
The State of Oklahoma requires liability insurance for licensed or certified foster parents. In 2002, the Oklahoma Department of Human Services (“DHS”) placed a six-month-old baby in a foster home and liability insurance was provided to the foster mother by two insurers at the expense of the State. Less than one month later, the baby
Liquor Liability Exclusion
An insurance company provided liquor liability coverage to a restaurant/tavern including coverage for injuries "imposed" on the insured resulting from "selling, serving or furnishing of any alcoholic beverage".
The club was sued in an underlying state court action by the parent/guardians of three minor Plaintiffs who were purportedly injured as bystanders to a fight which
Exclusion For Inverse Condemnation Held Valid
An insurer sold a liability insurance policy to a municipality which specifically excluded coverage for inverse condemnation. The municipality was sued in an inverse condemnation action and filed a claim under the insurance policy after a verdict was returned against the municipality. The claim was denied under the insurance policy exclusion for inverse condemnation. As
Insurance Agent Responsible For Failing To Obtain Coverage
An insurance agent was held responsible for failure to obtain workers’ compensation coverage. In a blog post by Tred Eyerly, a summary of the decision is set forth. Essentially, the agent held herself out as an expert on insurance for certain types of automotive dealerships. The plaintiffs purchased insurance without specifying any particular type of
Bubba’s House Fire Claim Denied By His Insurance Company
I guess about anyone could see it coming, Bubba’s insurance company denied his house fire claim. The insurer, Wewoka Worldwide Insurance finished its investigation and mailed Bubba a denial letter, then the insurance company took the initiative. Wewoka Worldwide sued Bubba in a declaratory judgment action. Bubba considered it a ” declaration of war “!
Cancellation Of Homeowners’ Policy
Cancellation of a homeowners’ insurance policy requires compliance with terms and conditions of the policy. It may sound simple, but we have seen several full blown lawsuits arise over the years where the manner in which the policy was cancelled before a loss occurred was challenged. The starting point is a review of the requirement
Coverage Questions – A 19 Year Veteran’s Experience
Coverage decisions tend to be expensive one way or the other. If an insurance company determines coverage exists, then it has to pay for the underlying claim. If the claim was not really covered by the terms of the insurance policy, then the company has incurred an expense that was unnecessary and which adversely impacts