Justia Insurance Law Opinion Summaries

Great West filed suit seeking a declaratory judgment that National is contractually obligated to defend and indemnify an owner-operator of a semi-tractor in a pending state court suit. The court concluded that the owner-operator was an "insured" under the National policy; neither two exclusions in the National policy applied; and the exclusion in the Great West policy's applied. Accordingly, the court affirmed the district court's grant of summary judgment for Great West, because the underlying negligence claim against the owner-operator was covered under National's policy and excluded under Great West's policy. View "Great West Cas. Co. v. National Cas. Co." on Justia Law

Defendant appealed the district court's grant of summary judgment allowing Northwestern to rescind a disability insurance policy. The court concluded that Northwestern’s evidence is insufficient to show that it is entitled to summary judgment because the evidence does not address the specific insurance policy at issue in this case. The court concluded that the issue is whether, after the policy went into effect, the failure to cancel the policy increased the risk at the time of the loss, i.e., when plaintiff became disabled and made a claim for benefits. Even if a general aversion to over-insurance is sufficient to prove that plaintiff's breach of his promise to cancel the Great-West policy increased the risk to Northwestern, it does not address whether his breach increased the risk at the time of loss. As to Northwestern's alternative argument, the court concluded that there appears to remain a factual dispute concerning whether plaintiff knew or should have known that the representation at issue was false or was made with intent to deceive. Accordingly, the court reversed and remanded for further proceedings. View "Northwestern Mutual Life Ins. Co. v. Weiher" on Justia Law