Even a Stopped Watch Is Correct Twice a Day
The often reversed Ninth Circuit Court of Appeal gets things right once in a while. In this brief and clear opinion the Ninth Circuit granted an insurer declaratory relief because the plaintiffs failed to show that the insured fulfilled the conditions of the policy were satisfied.
In Star Insurance Company, v. Walter Johnson Family Trust, and Kimberly Thompson; Edward Thompson, United States Court of Appeals, Ninth Circuit 2017 WL 1396188, No. 14-55668, (4/19/17) Kimberly and Edward Thompson appeal pro se from the district court’s summary judgment in a declaratory judgment and interpleader action brought by Star Insurance Company (“Star Insurance”) arising from a dispute about insurance coverage following an airplane crash.
The Ninth Circuit concluded that the district court properly granted partial summary judgment in favor of Star Insurance on its first cause of action for declaratory relief because defendants failed to raise a genuine dispute of material fact as to whether the requirements of the insurance policy were satisfied and whether there was coverage.
Insurance policy conditions are key to the understanding of an insurance policy. When an insured fails to establish that the conditions precedent were satisfied there can be no coverage. A simple issue answered simply.
This article and all of the blog posts on this site digests and summarize cases published by courts of the various states and the United States. The court decisions have been modified from the actual language of the court decisions, were condensed for ease of reading, and convey the opinions of the author regarding each case.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 49 years in the insurance business.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Look to National Underwriter Company for the new Zalma Insurance Claims Library, at www.nationalunderwriter.com/ZalmaLibrary The new books are Insurance Law, Mold Claims Coverage Guide, Construction Defects Coverage Guide and Insurance Claims: A Comprehensive Guide
The American Bar Association, Tort & Insurance Practice Section has published Mr. Zalma’s book “The Insurance Fraud Deskbook” available at http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214624, or 800-285-2221 which is presently available and “Diminution of Value Damages” available at http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=203226972
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.