Railroad Coverage For More Flood Damage – Part two
Last time we visited on October 8, we were gripped by the fascinating 2nd Circuit holding in National Railroad Passenger Corp. (AMTRAK) v. Aspen Specialty Ins. Co., et al, No. 15-2358-cv, ___Fed. Appx.___ (2nd Circuit September 7, 2016). Let's keep the story going. What happened next? As we left our Amtrak heroes [...]
Railroad Coverage For More Flood Damage
After Super Storm Sandy flooded Amtrak’s tunnels under the East River, the passenger railroad sought to obtain coverage under a number of all risk policies in effect at the time. It wasn’t just the obvious water damage to Amtrak’s property. Amtrak also suffered from chloride (salt) erosion of its cement [...]
Nebraska “Big Fish” Ruling – Catch It Here
NEBRASKA AFFIRMS RULE OF LAW: A POLICYHOLDER'S DEFECTIVE WORK PRODUCT IS NOT A COVERED PROPERTY LOSS UNLESS ACTUAL DAMAGE OCCURS Okay. What in tarnation do you mean by that Anne Marie? (For my Dear East & West Coast Readers, "Tar-Nation" is a distinctly Midwestern place where idiots not only live, but [...]
Railroad Insurance – Derailment Covered!
Like Peanut butter and Chocolate! Like Strawberries & Cream! Like Rum and Cokes at midnight on a hot summer night in the late 70's when cute boys with collar length hair who smelled faintly of Brut were driving muscle cars with one hand, taking a long drag on a Salem with the other, and searching for [...]
Primary v. Excess Carrier – Duty to Notify
The question for today, Dear Readers, is whether a primary carrier has a duty to notify an excess carrier of a loss that could potentially be covered by the excess carrier's policy. Of course you know, from our multiple and engaging discussions before, that the terms of the policy are what control [...]
It’s Another Whopper! Check Out This “Big Fish” Ruling From Wisconsin On Additional Insured Coverage
Add this case to your Big Fish Basket! A Wisconsin federal court recently ruled in Fleet & Farm of Green Bay, Inc. v. United Fire & Cas. Co., No. 13-C-1013, 2015 WL 2453110, at *3-5 (E.D. Wis. May 22, 2015) that an additional insured does have coverage for a loss that [...]
About the Blog
The Midwest Insurance Law Guide provides legal insight into complex insurance issues – in an inviting and uncomplicated manner. Our goal is to help insurance executives, claims professionals, and attorneys understand how the law interprets policy language.
Anne Marie O’Brien and Mike Storey
Editors and Authors