Recent Court Decisions

Recent state court decisions involving insurance companies are detailed. In Carrier vs. Hicks, the Oregon Supreme Court ruled that a claimant must first exhaust remedies of any other applicable insurance policy or policies before asserting a claim to recover damages against the Oregon Insurance Guar...

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Bibliographic Details
Published in:The Journal of risk and insurance 1994-03, Vol.61 (1), p.146-150
Main Author: Maroney, Patrick F.
Format: Article
Language:English
Subjects:
Federal court decisions
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Insurance companies
State court decisions
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Summary:Recent state court decisions involving insurance companies are detailed. In Carrier vs. Hicks, the Oregon Supreme Court ruled that a claimant must first exhaust remedies of any other applicable insurance policy or policies before asserting a claim to recover damages against the Oregon Insurance Guarantee Association. In Federal Insurance Company vs. Srivastava, the 5th Circuit Court held that an excess policy's coverage begins whan all the underlying insurers have exhausted their policies by paying to their policy limits. In Cassista vs. Community Foods Inc., the California Supreme Court rejected the argument that weight unrelated to a physiological, systemic disorder constituted a handicap or disability. In Eller vs. Shova, the Supreme Court of Florida upheld the consitutionality of provisions of the Florida Workers' Compensation Act, which provide immunity from civil tort actions to policy making employees unless the degree of negligence is culpable negligence.
ISSN:0022-4367
1539-6975