2008 YEAR IN REVIEW - CUYAHOGA COUNTY APPELLATE COURT
*Please click on the case name for a link to view the full text of the following opinions from the Eighth District Court of Appeals:
NATIONWIDE MUTUAL INSURANCE COMPANY V. PRAGOTRADE, INC.
Product Liability
Commercial Policy of Insurance
Products & Completed Operations Hazard Endorsement
An endorsement that excludes coverage, which is listed on Declarations Page but not included with Policy creates issues of fact for jury as to the nature and extent of coverage under the purported endorsement.
DAILY V. AMERICAN FAMILY INSURANCE COMPANY
Uninsured Motorist Coverage
Definition of "Relative"
Definition of "Insured"
Exclusion of other persons that own a motor vehicle - Valid
When "insured" under automobile policy is defined to include resident relatives, but excludes any person who owns a motor vehicle, such terms validly exclude a resident relative that owns his/her own motor vehicle.
STIGGERS V. ERIE INSURANCE COMPANY
Commercial Insurance Coverage
Timely Notice Provisions
Purely Economic Loss
Your Work Exclusion
Your Product Exclusion
Ongoing Operations Exclusion
MASTELLONE V. LIGHTNING ROD MUTUAL INSURANCE COMPANY
BAD FAITH
Insurer's Bad Faith
Bifurcation - Basis/Foundation for allowing bifurcation of bad faith claim
R.C. 2315.21(B) - Is prospective Only and is not to be applied retroactively as a basis for bifurcation of bad faith claims against insurer.
Summary Judgment Standard on Bad Faith Claim
COVERAGE
Mold Damage
Proof that mold does not cause "physical damage" to the structure or integrity of the exterior of a building or premises. Aestetic damage only.
No coverage.
WHITE V. ALLSTATE INSURANCE COMPANY
BAD FAITH
Issues of fact exist as to Allstate's committing bad faith and breach of policy of insurance.
COVERAGE
Homeowner policy.
Fire Loss.
No comments:
Post a Comment