Workmen's Auto Insurance Company V. Guy Carpenter, Inc.

Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with the plaintiff, Jane White. A negligence suit was filed by Ms. White against Mr. Calkin and our client, Sage Rent-A-Car Inc. The suit claims that our client is required to carry insurance and therefore has a duty to assume responsibility for this accident under the provisions of the Mandatory Financial Responsibility Act (MFRA).

One of the principal grounds for rejecting insurance claims is that the claim is not covered by the terms of the policy, or is specifically excluded. The rule that coverage provisions should be interpreted broadly and exclusion clauses should be interpreted narrowly is really just a corollary of the Contra Proferentem rule which applies in the event of ambiguity i.e. it is the insurer who likely drafted the insurance contract and construing coverage provisions broadly, or exclusion clauses narrowly, will be to the detriment of the insurer as the party who drafted the contract. The construction of exclusion clauses and coverage provisions helps justify the objective intention of the contract. This is the intention which the court considers, a reasonable person in the position of the contracting parties, would have had. It is submitted that coverage provisions should be broad and encompassing and exclusion clauses should be narrow. However, before such a conclusion is reached, this paper will aim to justify the reasoning behind such a claim analysing arguments for and against such a proposition, drawing upon the landmark case Darlington Futures Ltd v Delco Australia Pty Ltd to help relate the discussion to issues raised by such considerations.

Levy introduced me to is contractual law. Mr. Levy allowed me to assist on insurance cases, which included observing meetings, summarizing depositions, and reviewing contracts. Even though I had experience reviewing contracts while working a couple of summers for a General Counsel at a large business, this was completely different because these agreements were among insurance companies and individuals, instead of insurance companies and businesses. Mr. Levy works on behalf of insurance companies, mostly State Farm, when they have disputes with their clients over wind and hail coverage. These cases are interesting because Mr. Levy has to not only deal with the individuals that are claiming the insurance company didn’t follow the contract, but he also must deal with the adjuster in each case. Mr. Levy gave me the responsibility of summarizing the depositions of the adjusters to confirm that none of them said anything that was contradictory or detrimental to State Farm’s case. Often these cases end with settlements or dismissals because either the insurance company decides to compensate the individuals or the attorney representing the insurance company gets a favorable summary judgment. Mr. Levy and other attorneys representing insurance companies frequently seek summary judgments when the plaintiffs don’t have significant evidence to prove that the insurance companies violated the contract. In most of the insurance cases that I assisted Mr. Levy on he was able to receive summary judgment because the plaintiffs didn’t have enough evidence to prove that State Farm was responsible for paying the

In Maryland, insurance policies are generally construed in the same manner as contracts. Collier v. MD-Individual Practice Ass 'n, Inc., 327 Md. 1, 5, 607 A.2d 537 (1992). An insurance contract, like any other contract, is measured by its terms unless a statute, a regulation, or public policy is violated thereby. Pac. Indem. Co. v. Interstate Fire & Cas. Co., 302 Md. 383, 388, 488 A.2d 486 (1985). We do not follow the rule, adopted in other jurisdictions, that an insurance policy is to be construed most strongly against the insurer. Collier, 327 Md. at 5; Cheney, 315 Md. at 766. We construe the instrument as a whole in order to determine the parties’ intent. Pac. Indem., 302 Md. at 388; Collier, 327 Md. at 5; Aragona v. St. Paul Fire & Marine Ins. Co., 281 Md. 371, 375, 378 A.2d 1346 (1977). In order to determine the intention of the parties, “Maryland courts should examine the character of the contract, its purpose, and the facts and circumstances of the parties at the time of execution.” Pac. Indem., 302 Md. at 388 (citations omitted). In doing so, we give the words their usual, ordinary, and accepted meanings. Id.; Mut. Fire Ins. Co. v. Ackerman, 162 Md. App. 1, 5, 872 A.2d 110 (2005) (citing Nationwide Mut. Ins. Co. v. Scherr, 101 Md. App. 690, 695, 647 A.2d 1297 (1994)). The test is what meaning a reasonably prudent layperson would attach to the term. Pac. Indem., 302 Md. at 388.

David A. Goldmeier and Terry C. Goldmeier v. Allstate Insurance Company 337 F.3d 629 (6th Cir 2003) case supports our

The main issue of this case is to determine if Tricontinental may recover from PwC for negligence. In order to show negligence there must be four requirements that the plaintiff must show. The four requirements are: the defendant owed a duty of care, defendant breached that duty, breach of duty to care caused the plaintiff’s injury, and fourth that damages resulted.

State Farm has asked whether it has a duty to defend the insured pursuant to the insured’s homeowners policy. It is our opinion that State Farm has no duty to defend the insured under the insured’s homeowners policy. The insured’s homeowners policy entitled the insured to a defense for “a suit brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence.” In this case, these elements initially triggering the insured’s homeowners policy are likely satisfied. Nevertheless, the SECTON II – Exclusions section provides that the liability coverage does not apply to any of the fifteen exclusions specifically enumerated therein.

The Supreme Court does a great deal for our nation today. Everyday they work on ongoing cases, making some very difficult decisions. One of these cases is the case of Timothy Carpenter, who believes it was unconstitutional when the FBI searched his cell phone records without a warrant.

In Caparo Industries plc v Dickman7, it was determined that courts had to test the duty by “whether the damage was reasonably foreseeable, whether there was a relationship of proximity between claimant and defendant, and whether it is just and reasonable to impose a duty.”8 If so, then a duty of care could arise.

State farm was founded in 1929 and is the largest auto insurer in the U.S. since 1942, and one of every five cars on the road is insured with State Farm. ‘State Farm Mutual Automobile Insurance Company is also the parent company of several wholly owned subsidiaries that provide property and life insurance, banking products and mutual funds’. State farm fire and Casualty Company was formed in 1935 to provide customers property, boat, homeowners, and commercial line property; It has been the largest insurer of homes since 1964. State Farm began with Michele’s original vision to operate fairly and do the right thing

“An insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured. That duty, however, runs only from the insurer to the insured, not to third parties.” Id. at page 5.

I attended a hearing on your behalf in the above matter before Judge Burke in Hudson, New York, on 05/17/2017. The claimant was present and represented by attorney Ed DeLauter. Your insured, Robert George, was present to give testimony.

Plaintiff’s allegations must show that Maloney’s behavior was sufficient to prove he is liable. Maloney’s commissions for the sale of insurance policies are insufficient evidence that he acted

Under the project contract, King County was supposed to buy an insurance policy to “insure against physical loss or damage by perils included under an ‘All-Risk’ Builder’s Risk policy. King County did not obtain an all-risk builder’s risk policy. Since FCC and DBM lost a substantial amount of money, both companies submitted builder’s risk claims to King County. King County denied the claims. FCCC sued King County for breach of contract due to failing of purchasing the builder’s risk insurance.

Our primary means of research was the internet. We found most of our sources by exploring the many professional actuarial groups, and looking through their collections of articles and periodicals. We found that our best sources were from professional organizations such as the Society of Actuaries, and the Casualty Actuarial Society, both publish periodicals with reliable articles from accredited actuaries. This method of searching through articles put out by professional organizations was most effective for us because all of the articles were written by fully qualified actuaries who have first hand experience working through the ethical conflicts that we describe in our report. All our articles are first reviewed by the professional organization that publishes them, to ensure that they contain accurate, and relevant information, which allowed us to keep all our conclusions professional and our arguments strong.