Abstract

Article

Summary Judgment

 

In the United States, summary judgment is appropriate when theapplicant demonsstrates that there is no genuine dispute as to any material fact,and that the applicant is entitled to judgment as a matter of law.. A fact iss material when it might affect the outcome of the action. The court views the evidence ad draws inferencs in the way most favoourably to the respondent. Anderson v Liberty Lobby Inc 477 US 242.  It does not determine the truthof the matteron the evidence, but only whether there is a genuine issue for trial, but the respondent must sufficiently show a genuine defence Providence Health & Services v Certain Underwriters at LloydsLondon 440 F Supp 3d 1223. If there are cross-applicatins, each applicant must show that there is no genuine issue of materialfact in respect of the point of the particular application. Zurich American Insurance Co vCentury Steel Erectors Co LP 2020 WL 2065465.

 

 

Breach of Written Employment Agreement exclusion

 

Some polices covering liability relating to the employment of staff carry an exclusion relting to claims for breach of a written employment agreement, with an exception  relating to liability which wouold have attached in the absence of suchan agreement. Providence Health & Services v Certain Underwriters at LloydsLondon 440 F Supp 3d 1223. It is plainly intended to exclude unusual forms of liabililty because of the terms of such agreements, but curiously it does not exclude cove if the liability arises from such a term in an oral agreement.

 

Allocation of Indemnity between Covered and Non-covered Claims

 

If the pollicy provides for allocation of indemnnity between covvered and non-covred claims, it will not apply to a claim which is both covered under one cause of action but not covered under another. Providence Health & Services v Certain Underwriters at LloydsLondon 440 F Supp 3d 1223.

 

Discrimation

 

Different forms of discrimination, and their relation to intentional results, are discussed in Brookly Center for Psychotherapy v Philadelphia Indemnity Insurance Co 2020955 F 3d 305.

 

Obligation to Defend

 

Whether the action includes additional non-covered claims is irrelevant. Brookly Center for Psychotherapy v Philadelphia Indemnity Insurance Co 2020955 F 3d 305.

 

Accident

 

A result is accidental if it arises accidentally out of a chain unintended though expected or foreseeable events which follow an intended act and the total situation was accidental. Brookly Center for Psychotherapy v Philadelphia Indemnity Insurance Co 2020955 F 3d 305.