Case Law Watch

Actions and Proceedings
Topliff v. Chicago Insurance Co.
(Wash. Court of Appeals, Nov. 15, 2005)

Ruling: The insured, an attorney, had been sued in an underlying action, and his professional liability insurer denied coverage because the claim was not within the definition of “professional service.” The insured sued the insurer and instituted the action by service on the State Insurance Commissioner. However, the Commissioner’s office failed to notify the insurer of the action. The insurer did not appear, and a default was taken. The court vacated the default noting that the insurer was deprived of the opportunity to respond, resulting in a failure of due process.

ERISA

Albert v. Life Insurance Co. of North America
(Fifth Circuit Court, Dec. 2, 2005)

Exclusions–Work/Product

Bailey v. The Insurance Corp. of NY
(California 9th Circuit Court, Nov. 18, 2005)

Information compiled by Kevin T. Merriman of Goldberg Segalla LLP. Web site: www.goldbergsegalla.com.