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Excluded Lines – Ocean Marine
Louisiana
Backhus v. Transit Cas. Co., 549 So.2d 283 (La. 1989). Insurance for claims under
the Longshoreman’s Act is ocean marine and as such is excluded from coverage
under the Model Act.
Excluded Lines – Credit or Surety
Louisiana
Serigne v. Magnolia Fire & Cas. Co., 650 So.2d 422 (La. Ct. App. 1995). Appeal
bonds are surety bonds and thus excluded from coverage.
Excluded Lines – Warranties
Florida
Falcon Termite & Pest Control v. Fla. Ins. Guar. Ass’n, 589 So.2d 331 (Fla. Dist. Ct.
App. 1991). A policy covering the insured for liability under warranties it issued
was held to be liability insurance and not excluded as a warranty.
Definitions
Insolvent Insurer – Issued a Policy
Virginia
Virginia Prop. & Cas. Guar. Ass’n v. Robinson, 246 Va. 97, 431 S.E.2d 45 (1993). A
Canadian insurer, not admitted in the U.S., had an arrangement with a U.S.
insurer to certify to the Interstate Commerce that the U.S. insurer insured the
Canadian insurer’s truckers. No policy was issued and it was held that the
certificate was not a policy and thus the Fund was not liable when the U.S.
insurer was declared insolvent.
Insolvent Insurer – Licensed
Iowa
Osborne v. Edison, 211 N.W.2d 696 (Iowa 1973). Claims against a non‐admitted
insurer writing on an excess and surplus lines basis are not covered.
Insolvent Insurer – Final Order of Liquidation
Michigan
Young v. Shull, 385 N.W.2d 789 (Mich. Ct. App. 1986). An Order of Liquidation
does not become final until all appeals are exhausted. If no appeal is taken, it
becomes final on the date issued.
Insolvent Insurer – Court of Competent Jurisdiction
Florida
Florida Ins. Guar. Ass’n v. State ex rel. Dept. of Ins., 400 So.2d 813 (Fla. Dist. Ct.
App. 1981). The Florida Commissioner lacked authority to declare an Illinois
insurer insolvent prior to the time the Illinois courts had acted.
New Jersey New Jersey Property‐Liability Ins. Guar. Ass’n v. Sheeran, 137 N.J. Super. 345, 349
A.2d 92 (1975). A New York insurer had sufficient minimum contacts with the
State of North Carolina to allow its courts to declare the insurer insolvent.
Covered Claim – Unpaid Claim
Arizona
Betancourt v. Arizona Prop. & Cas. Fund, 170 Ariz. 296, 823 P.2d 1304 (Ariz. Ct.
App. 1991). “Bounced” claim drafts issued by an insolvent insurer are covered
claims.