Justia Insurance Law Opinion Summaries

The insurance coverage dispute at issue in this appeal stemmed from a civil action brought by Ronald and Mildred Destremps against Viking Stone for allegedly damaging property. At the time, Viking Stone was insured by Employers, the plaintiff in the instant case. Arbella, the defendant in the instant case, had previously provided insurance coverage to Viking Stone. Employers filed a petition for declaratory judgment in superior court, seeking a declaration (1) that Arbella owed a duty to defend and indemnify Viking Stone in connection with the Destrempts' complaint, and (2) that the facts claimed in the Destrempts' complaint triggered one occurrence under the Arbella policy and that, for that reason, no coverage was afforded to Viking Stone under the Employers policy. The superior court granted Employers' motion for partial summary judgment, and Arbella appealed. The Supreme Court vacated the judgment of the superior court, holding that genuine issues of material fact precluded the grant of summary judgment. Remanded.

While traveling in a vehicle insured by Travelers Insurance, Wayne DeMarco was injured in a collision. DeMarco filed a personal injury action against Travelers. The trial court entered judgment in favor of DeMarco for $2,801,939, including interest. DeMarco then commenced the instant civil action against Travelers in the superior court, demanding, inter alia, (1) a declaratory judgment ordering Travelers to pay the entire judgment from the personal injury litigation above and beyond the $1 million policy limits, and (2) a declaratory judgment pursuant to the rejected settlement offer statute requiring Travelers to pay interest on the entire amount. The superior court granted partial summary judgment in favor of DeMarco, holding (1) Travelers was liable to DeMarco for the entire judgment even in a multiple claimant context, and (2) the rejected settlement offer statute was unambiguous in providing that an insurer is liable for interest due on a judgment where it has rejected a plaintiff's written offer to settle within the policy limits. On appeal, the Supreme Court (1) vacated the grant of partial summary judgment as to Travelers' liability, but (2) affirmed the ruling with respect to the applicability of the rejected settlement offer statute. Remanded.