Dismissing insurance coverage actions in federal court for want of supplemental subject matter jurisdiction

Article Abstract:

Third party actions involving insurance coverage that are brought to the federal level through the use of diversity jurisdiction arguments should be dismissed and sent back to state courts. Most such actions involve environmental claims, but the bottom line tends to be the coverage of the insurance, not the environmental issue itself. The supplemental subject matter litigation that usually ensues is a waste of resources for the parties involved and the justice system.

United States, Laws, regulations and rules, Federal jurisdiction, Diversity jurisdiction

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Homeowners in the workplace: are their torts covered? The business pursuits exclusion

Article Abstract:

Homeowner's insurance and excess liability policies generally include an exclusion of coverage for tortious acts occurring during business pursuits, but the various interpretations of the phrase 'business pursuits' suggests that policy drafters need to be very specific in drafting the exclusion. A number of cases involving the business pursuit exclusion and different standards applied by different courts are discussed.

Cases, Insurance industry, Homeowners' insurance

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Annuity cost: relevant evidence of present value in personal injury actions

Article Abstract:

States should enact laws allowing insurance companies to pay future medical costs in personal injury actions in the form of an annuity. Doing so would prevent the use of large lump-sum payments that often go to the heirs of the victim instead of being used to pay medical bills. The use of an annuity would also insure that the victim is not undercompensated.

Remedies, California, Personal injuries, Valuation, Lost earnings damages

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