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Judicial Review
This is a summary of judicial rulings on umbrella liability insurance issues.
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The Courts Review the Umbrella Policy
November 2009
Premcor v. American Home Assurance Company
Premcor USA, Inc. v. American Home Assurance Company, 400 F.3d 523 (CA 7th 2005) is a case from the Seventh Circuit Court of Appeals dealing with wrongful death lawsuits. The insured employer sued its umbrella insurer seeking coverage for the costs of defending wrongful death actions brought by the estates of employees killed in on-the-job accidents. The U.S. District Court for the Northern District of Illinois granted summary judgment for the insurer and the insured appealed.
Premcor sued American Home Assurance Company (AHA) for coverage of litigation defense costs under an umbrella policy. Premcor argued that the policy required AHA to pay more than two million dollars in costs that Premcor incurred while defending itself in an Illinois state court case based on the deaths of two Premcor employees. The estates of the employees initiated negligence actions against Premcor to recover damages under the Illinois Wrongful Death and Survival Act. The cases cost Premcor over two million dollars to defend and the costs were continuing at the time of this lawsuit against AHA.
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Woman Caught STD in Car, Auto Insurance to Pay Out $5.2 Million
The Missouri woman sued Geico claiming that she contracted a sexually transmitted disease from the car owner after the two had sex inside a car covered by the insurer.
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