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December 23, 2013 | Insurance Coverage Law Center

Clark v. Life Ins. Co. of N. Am.

Click Here for FC&S Legal Expert Analysis Clarkv.Life Ins. Co. of N. Am. 2013 WL 3005289Only the Westlaw citation is currently available.United…
24 minute read
December 20, 2013 | Insurance Coverage Law Center

NVR, Inc. v. Cincinnati Ins. Co.

Click Here for FC&S Legal Expert Analysis NVR, Inc.v.Cincinnati Ins. Co. 2013 WL 178431Only the Westlaw citation is currently available.United…
9 minute read
December 13, 2013 | Insurance Coverage Law Center

Johnson v. Am. United Life Ins. Co., 716 F.3d 813

Click Here for FC&S Legal Expert Analysis Johnsonv.Am. United Life Ins. Co. 716 F.3d 813United States Court of Appeals,Fourth Circuit.Angela JOHNSON,…
34 minute read
Sims v. First Acceptance Ins. Co. of Ga. Inc.
Publication Date: 2013-06-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys:
For plaintiff: Houston Smith and Michael Werner Hertz, Link & Smith PC, Tucker, for appellant.
For defendant: J. Robert Persons Smith Moore Leatherwood LLP, Atlanta, for appellee. Other party representation: Charles Brant Colom & Brant, Atlanta.
Case number: A13A0364

The trial court was not required to allow the plaintiff time to complete discovery before ruling on the defendant's summary judgment motion, since the plaintiff failed to file an affidavit explainin

June 20, 2013 | Insurance Coverage Law Center

Court Upholds Insurer’s Decision Denying AD&D Benefits where Insured Had 0.176 BAC and Tested Positive for Marijuana

A federal district court in Georgia has upheld an insurance carrier’s decision denying accidental death and dismemberment (“AD&D”)…
3 minute read
June 10, 2013 | Insurance Coverage Law Center

Absolute and Qualified Pollution Exclusions Both Bar Coverage of CERCLA Claims, 4th Circuit Holds

The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court’s decision that insurance policies with a qualified pollution exclusion…
4 minute read
May 30, 2013 | Insurance Coverage Law Center

4th Circuit: Insurer Must Pay AD&D Benefits to Beneficiary of Drunk Driver Killed in Crash

Finding the term “accident” as applied to a claim arising from a drunk driving crash to be “ambiguous,” the U.S. Court of Appeals…
6 minute read
October 16, 2012 | Insurance Coverage Law Center

Is Lessor of Motor Vehicle Equipment Covered by MCS-90 Endorsement?

When is a policyholder a “motor carrier” for purposes of triggering the MCS–90 endorsement? A recent decision by the U.S. Court of Appeals…
4 minute read
R & R Insulation Servs. Inc. v. Royal Indem. Co.
Publication Date: 2010-12-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys:
For plaintiff: Seth A. Litman, Leslie J. Suson Thompson Hine LLP and Edward M. Newsom Smith, Moore, Leatherwood LLP, Atlanta, for R & R Insulation Services. Michael M. Raeber, William L. Durham II, Jessica E. Sabbath King & Spalding, Michael A. McKenzie, Jefferson C. McConnaughey, Karen D. Fultz Cozen O'Connor, Steven G. Hall Baker, Donelson, Bearman, Caldwell & Berkowitz, Mark D. Aljets Nyemaster, Goode, Voigts, West, Hansell & O'Brien, Des Moines, Jay M. Goldstein Butler, Pappas, Weihmuller, Katz, Craig LLP, Charlotte, N.C., Paul Hines, Alyssa J. Endelman Denenberg Tuffley PLLC, Southfield, Mich., Thomas Paolini, Dana R. Bowling, Michael F. Wallace Law Offices of Robert A. Stutman PC, Berlin, N.J., and M. Yusuf Mohamed, Oakwood, for Royal Indemnity. Edward M. Newsom Smith, Moore, Leatherwood LLP, Atlanta, for Crane.
For defendant:
Case number: A10A1537; A10A1538; A10A1539; A10A1540

While the evidence showed that plaintiff spoliated evidence, and such spoliation prejudiced defendants, the trial court did not err in denying the defendants' motion to for sanctions, specifically d

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