INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS A victory for homeowners insured On February 5, 2010, Raymond Romeo’s property sustained “a water loss followed by ice and flood.” He filed a claim with Allstate Property and Casualty Insurance Company under his homeowners policy, and Allstate made a partial payment toward the damages. Although the parties agreed that the loss was covered by the terms of the policy, they
Court Decisions
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Chiropractor under fire Jean-Luc Henry and Dwayne Smith were injured in an automobile accident. They brought two actions related to the collision: a bodily injury claim against the driver of the vehicle in which Henry and Smith were riding, as well as against the driver of the other vehicle that caused the crash; and a contract claim against Henry and Smith’s
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Fraud doesn’t pay After a fire destroyed the house of Frayba and William Tipton, they filed a claim in which they overstated losses related to the contents of their home. Their homeowners insurer, Nationwide Insurance Company of America, alleged in court filings that among the overstated losses was the claimed loss of an original Vincent Van Gogh “Starry Night” painting. The
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS A classical gas In early 2007, the heirs of Ben and Lillian Salyer brought an action against J. D. Carty Resources, LLC, and Anaconda Drilling of Kentucky, LLC, alleging that they had trespassed on their land, drilled natural gas wells, and thereby damaged their land and deprived the heirs of mineral royalties. The alleged trespass began in 1993. In March 2008,
INSURANCE-RELATED COURT CASES Digested from case reports published online COURT DECISIONS Defining “rescission” Adora Wilmore-Moody, individually and as next friend of her minor son, brought an action in the Wayne Circuit Court against Mohammed Zakir and Everest National Insurance Company, alleging that Zakir had negligently rear-ended her vehicle and seeking personal protection insurance benefits from Everest for the injuries she and her son incurred as a result of the collision. Everest did
