At appeal, the court upheld the trial judge’s decision that a tenant’s insertion of cardboard into furnace controls which caused the furnace to run continually until failure, did not fall within the mechanical breakdown or pollution exclusion under the insured landlord’s all-risk insurance policy. The court also upheld the lower court’s decision that the letter ...
A release signed by a plaintiff participating in a zip line activity did not defeat the plaintiff’s claim for injuries sustained in a motor vehicle collision on the defendant zip line operator’s bus travelling from the zipline area. The release was contrary to public policy, which did not allow an owner/operator of a motor vehicle ...
A plaintiff’s covenant to insure the defendant signifies the assumption of risk of damage for which it sues. This covenant barred the plaintiff’s insurer from bringing a subrogated claim against the covenantee defendant for the damage. Notwithstanding a lack of contractual privity, the covenant also barred the plaintiff from bringing a subrogated claim against the other ...
The insurer denied coverage for water damage to the insured’s basement because it was caused by “continuous or repeated seepage”, which was an excluded risk. The court found that the insurer was incorrect in determining this to have been the cause of the water damage, and held that the exclusion did not apply to the loss. ...
The insured was in a motor vehicle accident at a time when her driver’s license was expired. The insured was entitled to be relieved from forfeiture for non-compliance with the statutory condition and the insurer had a duty to defend the motor vehicle accident action and indemnify the insured for liability. Kozel v. Personal Insurance Co., ...
Although the insured’s claim for indemnification under a commercial general liability insurance policy for the cost of destroying a contaminated product sold by the insured to the third party was for a fortuitous loss, it did not fall within coverage as the insured did not prove the event that caused the contamination. Westaqua Commodity Group ...
The insurer’s appeal from a decision that the insurer had a duty to defend a third party claim issued against the insureds in a personal injury action was dismissed. The third party claim fell within the general coverage provision, and the wording of the household exclusion clause did not apply to exclude an indirect, third party ...
The court gave effect to the terms of an insuring agreement for a professional liability claims-made-and-reported policy, which provided that the failure to disclose any situation or circumstance which may in the future result in a claim excluded coverage of any action subsequently emanating therefrom. As coverage for this action never existed, the insured could not ...
