Priority of Coverage - Automobile
Policies
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Commercial Auto
Insurer Does Not Owe Primary Coverage as Insured did not "Hire" Owner of Vehicle
Involved in Accident
Nat'l
Interstate Ins. Co. v. Champion Truck Lines, Inc., 2013 U.S. Dist. LEXIS 39795
(D.N.J. Mar. 21, 2013)
In this dispute over which insurer provides primary coverage for a
tractor/trailer accident, the District of New Jersey finds that the insured
trucker did not "hire" the vehicle in question and therefore, that trucker's
commercial automobile policy provided excess coverage.
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Court
Finds Policyholder is Entitled to Documents in Claim that Insurer Intentionally
Delayed Paying Attorneys' Fees
Estee
Lauder Inc. v One Beacon Ins. Group, LLC, 2013 N.Y. Misc. LEXIS 1550 (N.Y. Sup.
Ct. Apr. 12, 2013)
Estee Lauder
sought defense and indemnity for two underlying claims alleging it dumped
hazardous material at two landfills. It filed a declaratory judgment action
against its insurer, who denied coverage based on late notice. The trial judge
dismissed the complaint, finding the insurer timely disclaimed coverage based on
untimely notice. The Appellate Division reversed, holding that the insured
Estee Lauder entitled to "all post tender reasonable fees and expenses
necessarily incurred in defense of [the second underlying claim], plus
prejudgment interest accruing from the date of [the insurer's] repudiation of
its duty to defend."
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Jurisdiction
-- Diversity
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Federal
District Court Determines Jurisdiction Exists Based on Diversity of Citizenship
in Coverage Action; Rejects Insured Municipal Utilities Authority's Attempt to
Remand.
Old
Bridge Mun. Utils. Auth. v. Westchester Fire Ins. Co., 2013 U.S. Dist. LEXIS
40953 (D.N.J. Mar. 25, 2013)
The
District of New Jersey ruled that an insurer's removal of a declaratory judgment
action from state court was appropriate based on diversity of citizenship.
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