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[09/02] Arthur J. Gallagher & Co. to Speak at the Keefe Bruyette & Woods Insurance Conference
[09/02] Starting the School Year Right
[09/02] Chubb Board Declares Regular Quarterly Dividend

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Articles

Case Summaries

[09/03] Conseco Life Ins. Co. v. Williams
In an interpleader action to determine the rights to life insurance proceeds, district court's grant of decedent's sister's motion for summary judgment is affirmed where: 1) the district court properly admitted the affidavits as, under Primerica Life Ins. Co. v. Watson, 207 S.W. 3d 442 (Ark. 2005), a deceased insured's oral statements to several people concerning that insured's future intentions to change the beneficiary in an insurance contract in favor of another are admissible to resolve disputes as to who is the proper beneficiary; and 2) the decedent's sister rebutted the presumption of undue influence with the affidavits in support of her motion for summary judgment.

[09/02] Travelers Prop. Cas. Ins. Co. of Am. v. Nat'l. Union Ins. Co.
In an action by one insurer against another seeking $10 million in subrogation proceeds, summary judgment for defendants is affirmed in part where plaintiff waived certain rights by refusing repeated invitations to participate in subrogation discussions. However, the judgment is reversed in part where, as the excess insurer, plaintiff was entitled to a priority interest in the subrogation proceeds representing insured losses.

[09/02] Atlantic Nat'l Trust LLC v. Mt. Hawley Ins. Co.
In an action seeking insurance proceeds arising from a fire, defendants' appeal from the grant of plaintiff's motion to remand is dismissed where the court lacked appellate jurisdiction to review a federal district court order remanding a case to state court based on a ground colorably characterized as a "defect" for purposes of 28 U.S.C. section 1447(c).

[09/01] Sprinkles v. Associated Indem. Corp.
In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.

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