Gauntlett on Insurance
Gauntlett on Insurance focuses on a specific kind of insurance: global policyholder insurance recovery. The blog is authored by David Gauntlett, an Irivine, CA based attorney.
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Featured Articles
Extrinsic Evidence
Zurich Am. Ins. Co. v. Nokia, Inc., ___ S.W.3d ___, 2008 WL 3991183 (Tex. 2008) (Jefferson, with O’Neill, Wainwright, Medina, Green, Johnson, Willett concurring) The underlying suit asserted bodily injury claims from putative class action claimants alleging that radiation emitted by their...
Recent Articles
Kreuger Int'l, Inc. v. Federal Ins. Co., No. 07-C-0736, 2008 WL 4962669 (E.D. Wis. Nov. 19, 2008) (Grisebach)
Alleged misappropriation of an Italian company’s furniture design for academic-style furniture, its designated CAMPUS line. See Studio & Partners v. KI, No. 06-C-0628, 2007 WL 3342597 (E.D. Wis. Nov. 7, 2007). In 2003 KI applied for and received patents on an Einstein/Intellect desk and...
Harleysville Lake States Ins. Co. v. Granite Ridge Builders, Inc., No. 1:06-CV-00397, 2008 WL 4935974 (N.D. Ind. Nov. 17, 2008) (Cosbey)
Applying Indiana law the court found that the insurer’s botched communications with its insured as part of a purported reservation of rights, which it never articulated on a timely basis in writing, estopped it from contesting coverage wherethe insured was only provided counsel by the insurer...
City of Collinsville v. Illinois Municipal League Risk Mgmt. Ass'n, ___ N.E.2d ___, 2008 WL 4879161 (Ill. App. Ct. (4th Dist.) 2008) (McCullough)
The court found that the suit by Developers, which asserted, among other rights, redress for violations of constitutional rights, fell outside the scope of exclusions for “zoning and land use determinations; the taking, in whole or in part, of any real or personal property or any interest...
DaimlerChrysler Ins. Co. v. Apple, 265 S.W.3d 52 (Tex. App. Houston (1st Dist.) 2008) (Alcala)
The Court affirmed the trial court’s finding that the insurer was required to indemnify its insured under the terms of a broadened garage coverage contained in a commercial general liability policy which included personal injury coverage for libel and slander. The court reached a distinct...
Penzer v. Transportation Ins. Co., ___ F.3d ___, 2008 WL 4662164 (11th Cir. (Fla.) 2008) (Tjoflat and Black, Circuit Judges, and Restani, Judge)
In a per curiam decision, the court found that a TCPA blast fax case triggered coverage for invasion of privacy but elected to certify the issue not yet addressed by any state court in Florida, as follows: DOES A COMMERCIAL LIABILITY POLICY WHICH PROVIDES COVERAGE FOR “ADVERTISING...
Imbrie v. State Farm Fire & Cas. Co., No. CV-08-888-ST, 2008 WL 4737950 (D. Or. Oct. 24, 2008) (Stewart)
The underlying lawsuit asserted claims for relief for unfair competition under California Bus. & Prof. Code § 17200, as well as intentional interference with contractual relationships and other counts. The court, analyzing a 1986 ISO CGL policy, found no duty to defend the alleged...
Capella University, Inc. v. Executive Risk Specialty Lines Ins. Co., No. 06-CV-607 (JMR/FLN), 2008 WL 4602087 (D. Minn. Oct. 14, 2008)
The court, adopting Magistrate Noel’s reported recommendation, denied an award of pre-judgment and post-judgment interest but otherwise affirmed the award for attorneys’ fees and costs in the underlying and coverage action as recommended.The court found, however, that there was no right...
America's Recommended Mailers, Inc. v. Maryland Cas. Co., ___ F. Supp. 2d ___, 2008 WL 4346287 (E.D. Tex. 2008) (Schell)
The court found an applicable intellectual property exclusion which expressly eliminated coverage for trademark infringement barred coverage for a suit which alleged consumer confusion as to whether the AARP had sent cards that were in fact sent by a Mail House. A high-pressure sales pitch about...
America's Recommended Mailers, Inc. v. Maryland Cas. Co., ___ F. Supp. 2d ___, 2008 WL 4346287 (E.D. Tex. 2008) (Schell)
The court found an applicable intellectual property exclusion which expressly eliminated coverage for trademark infringement barred coverage for a suit which alleged consumer confusion as to whether the AARP had sent cards that were in fact sent by a Mail House. A high-pressure sales pitch about...
