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...Couch on Insurance 3d § 217:5 (rev. 2004). The remedies of contribution and indemnity are mutually exclusive, and contribution is prohibited where a party has a right to indemnity. 18 C.J.S...the same risks. Royal Globe, 82 Ill. App. 3d at 1005; 15 Couch on Insurance 3d § 218:3 (rev. 2004). These elements must be met before...the insurance can be considered concurrent or double. 15 Couch on Insurance 3d § 218:3 (rev. 2004). Accordingly, when two insurers cover separate and distinct risks there can be no contribution among...
....
(1) The contract should be read as a whole with all policy provisions given effect. See generally 2 Couch on Insurance 2d § 15:29 (rev. ed. 1984). If the policy as a whole is unambiguous then...contract is one of insurance. See generally 2 Couch on Insurance 2d § 15:86 (rev. ed. 1984).
(3) A policy should never be interpreted so as to create an absurd result, but instead..., Prete v. Merchants Property Ins., 159 W. Va. 508, 223 S.W.2d 441 (1976); 2 Couch on Insurance 2d § 15...
...event potentially covered by the policy, even if groundless, false or fraudulent," subject to the terms of the policy. 14 LEE R. Russ THOMAS F. SEGALLA, COUCH ON INSURANCE § 200:3 (3d ed. 2009..., 821-22 (Tex. 1997) . . .
Couch on Insurance explains the distinction in this manner:
The...must be assessed at the very outset of a case, unlike the duty to indemnify, which arises only when the insured's underlying liability is established.
14 COUCH ON INSURANCE § 200...
...., 62 Ill. App.2d 164; Sims v. Illinois National Casualty Co., 43 Ill. App.2d 184. See also Annot., 50 A.L.R.2d 458 (1956); 14 Couch on Insurance, sec...), 430 F.2d 531. See also Annots., 41 A.L.R.2d 434 (1955), 50 A.L.R.2d 458 (1956); 14 Couch on Insurance sec. 51:43 (1975-76 Supp.).) The trial court properly held that.... Sussex Mutual Insurance Co. (1970), 56 N.J. 383, 267 A.2d 7; 14 Couch on Insurance sec. 51...
...C.J.S. Evidence § 183, at 362-65 (1996); Couch on Insurance, § 138:66 (3d ed. 1997). When Congress enacted ERISA, it was not writing on a clean slate. See Goodyear Atomic Corp. v. Miller...United States and England for hundreds of years, and part of that law is that suicide will not be presumed. See 31A C.J.S. Evidence § 183, at 362-65; Couch on Insurance, § 138:66...
FRANCES W. HORTON, Plaintiff-Appellee-Cross-Appellant, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendants-Appellants...
...explain, however, that KMC's favored view is not shared by a majority of courts that have considered the issue. See Ostrager Newman, Handbook on Insurance Coverage Disputes, § 6.03[c], at 296 (10th ed. 2000); 14 .... Underwriting Members of Lloyds, 836 F. Supp. 398, 404 (S.D.Tex. 1993) (quoting 14 Couch on Insurance 2nd § 51:36, at 446 and citing numerous cases); see also 14 Russ Segala, Couch on ...even discuss the plaintiff's $3.6 million settlement demand presented weeks before the trial began.
An insurer's duty to settle is independent of its duty to defend. 14 Couch on Insurance 3rd...
.... Cf. Couch on Insurance, sections 818, 824 ff.; Cooley's Briefs on Insurance, chapter XII, sections 1-2; 32 C. J. 1286. It is suggested that the confusion arises from a failure to....
See Mutual Life Ins. Co. v. Hilton-Green, 241 U.S. 61....
See Couch on Insurance, sections 818, 824...
...not within any of the specific exceptions. . . ." 10 Couch on Insurance 148:48 (3d ed. 1998). Consequently, the responsibility under a first-party `all risks' policy must be determined by the terms and...accepted definition, physical damage to property means "a distinct, demonstrable, and physical alteration" of its structure. 10 Couch on Insurance § 148:46 (3d ed. 1998). Fire, water, smoke and impact from...insurance companies that had first-party policies on the various structures. The case was removed to the United States District Court for the District of New Jersey.
Plaintiffs seek...
.... RUSS THOMAS F. SEGALLA, COUCH ON INSURANCE § 200:1 (3d ed. 2007) ("COUCH ON INSURANCE"). An insurer must defend its insured if a plaintiff's factual allegations potentially support a covered cla...allegations are groundless, false, or fraudulent the insurer is obligated to defend." 14 COUCH ON INSURANCE § 200:19. We resolve all doubts regarding the duty to defend in favor of the duty...); see also 14 COUCH ON INSURANCE § 200:19 (noting that duty to defend is unaffected by "what the parties know or believe the alleged facts to be, the outcome of the underlying case, or the merits of...
...premium does not reach the destination at all." 5 Lee R. Russ Thomas F. Segalla, Couch on Insurance 3d § 73.62 at 73-95 (1997); see Barry, 1995 WL 548592 at *3-*4 (plaintiff...received or filed by the court.
Huizar is a California state prisoner convicted of first degree murder. On April 15, 1996, he gave prison officials a state court habeas petition for...mailing to the Superior Court; the prison's log of inmates' outgoing mail confirms this. On June 19 of that same year, Huizar claims he wrote to the court asking about the petition, but he got no reply...
...of such terms." 2 Lee R. Russ Thomas F. Segalla, Couch on Insurance 3d § 21:14 (1997). If the insurance contract cannot reasonably be construed to cover the claim, regardless of which...(2d Cir. 1987) (per curiam); see also 2 Couch on Insurance 3d § 22:24 ("Avoidance of the rule . . . is not required merely because an insured party is a business rather than an individual...Cir. 1997) (refusing, under New Jersey law, to apply contra proferentem on behalf of a sophisticated insured who negotiated the insurance contact); 2 Couch on Insurance 3d § 22:24 (noting that...
.... Kompus, 135 Mich.App. 667, 354 N.W.2d 303, 307-308 (1984); see also Lee R. Russ Thomas F. Segalla, Couch on Insurance § 128:13 (3d ed...allow limestone mining with dynamite blasting to occur on his or her property without some expectation of remuneration or monetary gain. See Lee R. Russ Thomas F. Segalla, Couch on Insurance § 128...provision of insurance policies, we have never directly addressed its application. The parties and the court of appeals relied on the...
...believe that the broker had the authority to perform the acts in question, the insurer is estopped to deny the broker's authority to perform those acts. (See 3 Couch on Insurance § 26:62, at 624 (2d ed...permits the broker to act so as to justify the insured in believing that the broker possesses the authority exercised. 3 Couch on Insurance § 26:28, at 560 (2d ed. 1984...).
Acquiescence by the insurer in the broker's conduct is sufficient to establish the broker's apparent authority. (3 Couch on Insurance § 26:64, at 627 (2d ed. 1984).) It is not necessary that the ins...
...plaintiff's injuries before the vendor is excluded from coverage under the endorsement." Id. at 498.
Couch on Insurance states that if the exclusion is written to apply once the....
COUCH ON INSURANCE § 130:10 (3d ed. 2007) (Citing Mattocks, 452 F.Supp. 512...and indemnity under the vendor's endorsement on Dan River's policy with Insurance Company of North America ("INA"). INA relied on the "relabeling" exclusion similar to the one NY Marine relies on in...
...Thomas F. Segalla, Couch on Insurance § 104:33 (3d ed. 1997)).
Chrysler Insurance Company seeks rehearing on various grounds. We grant rehearing only to address Chrysler's..., which execution is served on the insurer, may be enforced in many jurisdictions[.]" Couch on Insurance § 104:5. Indiana is one of those jurisdictions...
SEBASTIAN ARAIZA AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANTS, v. CHRYSLER INSURANCE COMPANY, APPELLEES.
No. 45A03-9803-CV...
MOTIONS (Beta)
...is free to resort to the law of other states for guidance. See Russ Segalla, 4 Couch on Insurance 3d § 24.49...has looked to Couch on Insurance as an authoritative treatment of issues arising under insurance contracts. See, e.g., Redd v. Brooke, 96 Nev. 9...generally the controlling element in disputed cases. Russ and Segalla, 2 Couch on Insurance, § 28.7.
If this case had been...
...]; Ryan v. Continental Casualty Co., 47 F.2d 472, 473; 6 Couch on Insurance (1930), § 1249, p. 4569.)
[6.... 143 [ 6 A.2d 55, 59]; 1 Appleman, Insurance Law Practice (1941) pp. 497, 498; 6 Couch on Insurance (1930), § 1249, p. 4569; cf....
GIBSON, C.J.
This is a suit on an accident insurance policy issued by defendant to...
...designed to provide protection from loss of income caused by an injury or disease which either limits or destroys the insured's ability to work." 10A Couch on Insurance 3d § 146:2, at 146 — 10 (1998); 1 J...disability which results in part from the insured's prior condition or some other cause than an accident, such as illness or disease." 10A Couch on Insurance 3d § 146:12, at 146-30 (1998). Further...accident." 10A Couch on Insurance 3d § 146:12, at 146-31 (1998).
Accordingly, the extent of an insurer's liability under a disability insurance policy depends on the...
...; 15A Couch on Insurance 2d § 58:124 (Rhodes ed. 1983) and cases there cited. In response to the American rule, however, numerous state legislatures have enacted statutes entitling prevailing...claimants to attorneys' fees when the insurer refuses to settle a claim without just cause. See 15A Couch on Insurance 2d, supra, § 58:2 and statutes there cited; 15A Couch on ...damage cases involving insurance companies. After examining the record we conclude that the jury's verdict for the insured was not erroneous on the underlying question of arson and that the award of...
...); Billington v. Crowder, 553 S.W.2d 590 (Tenn. Ct. App. 1977).
Professor Couch, in his treatise on insurance, discusses the question of when...nonmaterial deviation does not preclude coverage under the omnibus clause.
G. Couch, Couch on Insurance 2d, § 45:464 at 845-46 (1981 and Supp. 1988) (footnotes...employee who used a car in the garage for service to drive to another town to pick up his wife.
Citing Branch, Professor Couch, in his treatise, Couch on Insurance, discusses...