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Insurance Issues
Coronia v. American Reliable Insurance Co., 999 F. Supp. 299, 1998 WL 148420 (E.D.N.Y. 1998).
Jurisdiction
Insured, who raced horses in New York, brought action in New York against Canadian insurer and broker. Broker moved to dismiss for lack of jurisdiction. The court held that broker's activities in soliciting the coverage in New York constituted doing business in New York so as to justify jurisdiction over the broker.
Digrazia v. Atlantic Mutual Ins. Co., 944 S.W.2d 731 (Tex. App. 1997).
Horse died from septicemia after electrical storm. Veterinarian prepared a necropsy report that stated the likely cause of death was septicemia rather than electrocution. The owner of the horse sued the veterinarian, but the suit was dismissed based on limitations. The owner then sued the veterinarian's liability insurer for fraudulent concealment because it received the report but allegedly led the owner to believe that the cause of death was electrocution. Summary judgment was granted to the insurer but the court of appeals reversed because the although the insurer owed no duty to the horse owner to disclose, an affirmative misrepresentation could be the basis for a fraud claim. |
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Eppes v. Snowden, 656 F. Supp. 1267 (E.D. Ky. 1986).
Insured claimed policy limits for dead insured horse. The district court dismissed the claim because the claimant used backdated letters to establish the value of horse.
Pacific Indemnity Ins. Co. v. Aetna Casualty and Sur. Co., 688 A.2d 319 (Conn. 1997).
Farm worker was injured when horse boarded there kicked her. Farm's insurer sued horse owner's homeowner's insurer to provide coverage. The court held that the exclusion for business pursuits applied because the boarding operation was engaged in for the purpose of earning a profit, even though it was not for earning a livelihood.
Schwegmann Giant Super Markets v. Golden Eagle Insurance, 693 F. Supp. 478 (E.D. La. 1988).
The holder of an insurance policy sued to collect from insurer. The court ruled that Mississippi law applied, and under Mississippi law, an insurance policy on horse was void ab initio where seller of horse did not inform insurer of the sale of interest in the horse. Title to horse passed when sale agreement was made.
Siciliano v. Hudson, 1996 WL 407562 (N.D. Miss. 1996).
Veterinarian was sued for mistaken advice to a client regarding the soundness of a horse the client purchased. Veterinarian made a claim under his homeowner's policy. The court held that no coverage existed because coverage for bodily injury did not include injury to a horse and did not cover an emotional distress claim.
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