Hon. Rita “Sunny” Miller

Insurance

REPRESENTATIVE CASES

Insureds' car burst into flames while being driven, injuring 2 adults and three children. Insureds blamed car manufacturer and sued for defect. Their insurer stored the car and told insureds it was preserving it as evidence. Car was inspected by insured's expert and manufacturer's expert. Thereafter, the insurer claims insured's attorney stated the car could be disposed of. Insureds dispute this. Insurer disposed of the car although there was some evidence that insured's attorney asked insurer to preserve it immediately before it was disposed of. Thereafter, in the litigation with the manufacturer, the manufacturer demanded access to the car. When it learned car was gone, manufacturer claimed it did not have a defect and its absence prevented insureds from proving defect. Manufacturer made a motion for summary judgment. Insureds claim they had to settle for less than the case was worth because the insurer disposed of the car preventing them from proving their case. They pursue claims for negligence and breach of the duty of good faith and fair dealing against insurer.

Dispute among insurers and reinsurers concerning the triggering of their policies and exhaustion of underlying tranches.
Disputes among insurers and their insureds as to the interpretation of policy language.
Disputes as to comprehensive general liability coverage.
Dispute as to errors and omissions coverage.
Dispute as to business interruption insurance coverage involving public adjuster.
First party insurance bad faith disputes against health care insurers, automobile insurers, and homeowners’ insurers.
Coverage dispute after music teacher was alleged to have molested minor student.
Disputes as to duty to defend.
Dispute as to whether applicant for life insurance policy made misrepresentations on application invalidating policy.
An insured sued the general counsel of a large insurance company claiming the general counsel was liable for malicious prosecution because the general counsel authorized the filing of a lawsuit against the insured, claiming the insured had obtained payment under a liability insurance policy by fraud. The insurance company lost the suit because the fraud, if any, was intrinsic rather than extrinsic.
Famous singer sued for battery sought declaration that he was entitled to defense and indemnity from his insurer.
Bank sued for malicious prosecution sought declaratory relief that it was entitled to a defense despite intentional nature of the tort alleged.