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Insurance Coverage: Court finds insurance company’s underinsured motorist provision applicable even though collision did not occur in the policy’s covered auto

The plaintiffs commenced this action seeking underinsured motorist coverage benefits from four insurers, including the defendant, Ohio Casualty Insurance Company. The plaintiff alleges that he was operating a motor vehicle insured by Markel Insurance Company on Interstate 78 in Pennsylvania…

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Insurance Coverage: University employee operating rental vehicle is found to be covered by university’s uninsured/underinsured motorist benefits

In this action to recover underinsured motorist benefits, the insured-plaintiff appeals from the judgment of the trial court rendering summary judgment for defendant, Phoenix Insurance Company. On November 16, 2017, the plaintiff was operating a rental vehicle on her way…

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Janis K Malec

Insurance Coverage: Court finds that the individual’s mental state is not a material fact required for the insurance policy’s assault and/or battery coverage to apply

This is an insurance coverage dispute stemming from the death of an individual who was shot on the premises of the defendant, Ryan’s Pub, LLC. The defendant is an insured of the plaintiff, Tudor Insurance Company. In the underlying lawsuit,…

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Insurance Coverage: Court finds that insured’s policy is void due to material misrepresentation of facts and holds that insurance company has no duty to defend or indemnify

The plaintiff, Providence Mutual Fire Insurance Company, brings a declaratory judgment action seeking a declaration that it has neither a duty to defend nor indemnify the defendant in connection with a personal injury action brought against him. The underlying action…

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