In the order they were decided, their 10 most significant decisions in this year's round-up are:
I appreciate Randy allowing me to republish their article here.D. Jere’ Webb v. Gittlen — Supreme Court of Arizona put the heat on insurance agents, making their E&O policies insurance of last resort. Supreme Court of Florida raised the temperature as well.Elacqua v. Physicians’ Reciprocal Insurers — New York Appellate Division: Tough medicine for insurer that failed to address an insured’s right to independent counsel. If the decision made it there, it can make it anywhere.Auto-Owners Insurance Company v. Pozzi Window Company — Supreme Court of Florida was a pane for general contractors seeking coverage under the “subcontractor exception” to the “your work” exclusion.Metropolitan Life Insurance Company v. Glenn — United States Supreme Court found dual-role ERISA claims administrators/insurers are presumed to have a conflict of interest, but left the impact of such a conflict “painfully opaque.”Allstate Insurance Company v. Wagner-Ellsworth — Supreme Court of Hannah Montana gave emotional injury a second identity — bodily injury. District of Columbia Court of Appeals did the same.Indian Harbor Insurance Company v. Valley Forge Insurance Group — Fifth Circuit: Valley Forge demonstrated how insurers can save a lot of Washingtons on additional insured claims.Ulico Casualty Company v. Allied Pilots Association — You can’t create coverage by cliché. Supreme Court of Texas explained what the common refrain about waiver and estoppel really means.Don’s Building Supply, Inc. v. OneBeacon Insurance Company — Supreme Court of Texas shot down the manifestation trigger for construction defect claims.Collins Holding Corporation v. Wausau Underwriters Insurance Company — Supreme Court of South Carolina provided a simple solution to the duty to defend conundrum for faux-negligence causes of action.Whole Enchilada, Inc. v. Travelers Property Casualty Company — Pennsylvania District Court took a bite out of FACTA litigation.