Mount Vernon Fire Insurance Co V Visionaid Inc
Where an insurance policy provides that the insurer has the duty to defend any claim initiated against the insured, the insurers duty to defend does not require it to prosecute affirmative counterclaims on behalf of its insured.In this case, a policy imposed two duties on Insurer with respect to any wrongful termination claim brought against Insured. When a wrongful termination claim was commenced against Insured, Insurer filed a complaint for declaratory judgment seeking a ruling that its duty to Insured did not require that it prosecute or pay for the prosecution of a counterclaim for misappropriation of funds. A federal district court issued a judgment in favor of Insurer. On appeal, the United States Court of Appeals for the First Circuit certified three questions to the Massachusetts Supreme Judicial Court. The court answered the first two certified questions and did not reach the third.
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Mount Vernon Fire Insurance Corp V Oxnard Hospitality Enterprise Inc
In Mount Vernon Fire Ins. Corp. v. Oxnard Hospitality Enterprise, Inc., 219 Cal.App.4th 876 , the California Second District Court of Appeal affirmed the trial courts entry of summary judgment in favor of Mount Vernon Fire Insurance Corporation. based on application of an assault and battery exclusion to bar coverage of an underlying judgment arising out of a lawsuit brought by a dancer employed by Oxnard Hospitality Enterprise, Inc. at a nightclub. The dancer suffered bodily injury on Oxnards premises shortly after she had completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. Her assailant was later convicted of aggravated mayhem and torture. Thereafter, the dancer sued Oxnard and others for negligent failure to provide adequate security. While this action was pending, Mount Vernon filed an action for declaratory relief. Based on the argument that the assault and battery exclusion in its liability policy issued to Oxnard applied to bar coverage of the underlying lawsuit. The Court of Appeal referred to the exclusion as follows:
While Mount Vernons declaratory relief action was pending, the underlying lawsuit was settled based on a stipulated judgment in the amount of $10 million dollars and an assignment of rights by Oxnard to the plaintiff against Mount Vernon.
In affirming the trial courts decision, the Court of Appeal held as follows:
Mount Vernon Fire Insurance Company
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Mount Vernon Fire Insurance Co V Mott
Appeal from the Supreme Court, Nassau County .
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the third-party complaint is dismissed.
In August of 1987 the third-party defendant-appellant Ralph Dauch Agency, an insurance broker, procured a $1 million general liability policy from the Mount Vernon Fire Insurance Company on behalf of the defendant third-party plaintiff-respondent Arthur Mott, the owner of a residential apartment building. The premium quoted was based in part upon the insured’s representation that the area of the insured premises was 44,000 square feet. Upon a subsequent inspection, the carrier found that the premises measured 216,000 square feet and, in February 1988, notified the insured of a resulting increase in premium. When the insured refused to pay the increased premium, the carrier canceled the policy and commenced the instant action to recover the premiums owed. In the third-party action against the broker for indemnification, the insured claimed that the broker knew of the increase in December 1987 and, without notifying him of the change, nonetheless arranged to have the then lapsed policy reinstated at the higher rate. The court denied the broker’s motion to dismiss the third-party action for failure to state a cause of action. We reverse.
We have examined the insured’s remaining contentions and find them to be without merit. Kunzeman, J.P., Sullivan, Eiber and O’Brien, JJ., concur.
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USLI is a proud member of Berkshire Hathaway. Our group consists of three insurance companies: United States LiabilityInsurance Company, Mount Vernon Fire and U.S. Underwriters Insurance Company, all of which are rated A++, the highest rating available to any insurance entity by A.M. Best, the premier analyst of insurance companies. Our three companies give us the ability to offer admitted or non-admitted insurance policies in all 50 states and the District of Columbia. USLI aspires to be the very best insurance company for underwriting insurance for small businesses along with a select group of specialty products. We are committed to making a difference to our customers through well-designed products delivered with unparalleled speed, service and support.
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Mount Vernon Fire Insurance Company V Lundy
Ordered that the order dated February 25, 1994, is reversed insofar as appealed from, without costs or disbursements, and the plaintiff’s motion is denied and it is further,
Ordered that the order dated September 19, 1994, is modified by deleting the provision thereof which granted the plaintiff’s motion to reschedule the deposition of Chadwick Lundy and substituting therefor a provision denying the motion, and deleting the provision thereof which denied the branch of the appellants’ cross motion which was to direct the plaintiff to conduct a limited deposition of Chadwick Lundy on written questions and substituting therefor a provision granting that branch of the cross motion as so modified the order dated September 19, 1994, is affirmed, without costs or disbursements.
Ample notice of six weeks was provided to the plaintiff Mount Vernon Fire Insurance Company that on August 20, 1993, the appellant Chadwick Lundy would be in New York for the taking of a deposition in the underlying personal injury action and would be available to Mount Vernon’s counsel in the declaratory judgment action for questioning. Counsel did not avail itself of that opportunity. A short time later, counsel moved to compel Lundy to travel to New York a second time for the purpose of being deposed. Even though Mount Vernon, through its counsel, was requesting the deposition and was in the superior economic position, it did not offer to defray non-resident Lundy’s travel expenses.
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Application For Approval To Redomesticate From The Commonwealth Of Pennsylvania By Mount Vernon Fire Insurance Company
Mount Vernon Fire Insurance Company, a domestic stock property insurance company, has filed for approval a plan of redomestication whereby the state of domicile would change from the Commonwealth of Pennsylvania to Nebraska. The filing was made under section 357 of The Insurance Company Law of 1921 .
Persons wishing to comment on the redomestication are invited to submit a written statement to the Insurance Department within 30 days of publication of this notice in the Pennsylvania Bulletin. Each written statement must include the name, address and telephone number of the interested party identification of the application to which the statement is addressed and a concise statement with sufficient detail and relevant facts to inform the Department of the exact basis of the statement. Written statements must be e-mailed to Lori Bercher, email@example.com.
JESSICA K. ALTMAN,
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