Insurance Law

Allstate Insurance Co. v. Boynton

Although a vehicle can be an uninsured vehicle while covered by an inapplicable policy, uninsured motorist coverage does not apply when recovery otherwise is statutorily barred.

American Home Products Corporation v. Liberty Mutual Insurance Company

A drug’s injury occurs when a diagnosable and compensable injury is proven to have actually resulted therefrom.

Hartford Fire Insurance Company v. California

A boycott must involve refusing to do business in contracts without a natural relationship to the reasons for the boycott.

MacKenzie v. Prudential Insurance Company of America

Material changes between applying for insurance and the insurance being delivered must be reported to the insurance company.

Paramount Fire Insurance Company v. Aetna Casualty and Surety Company

• Because an insurance contract is a contract of indemnity, he is only entitled to recover to the extent of his loss, no further. If he did not suffer a loss, he cannot recover.

• Where the purchaser will bear a loss under a pending sales contract, the seller's insurance policies on the property will constitute a trust fund for the benefit of the purchaser.

Vlastos v. Sumitomo Marine & Fire Insurance Company

• A representation must be material to a risk to be relevant, but a warranty does not. Any violation of a warranty allows the insurer to deny recovery.

  Note:

  This has largely changed in states' laws.

• An ambiguous insurance policy must be construed against the insurer.