INSURANCE LAW CASES

• State Farm Mut. Auto. Ins. Co. v. Rosenthal
• Gym-N-I Playgrounds, Inc. v. Snider

U.S. 3rd Circuit Court of Appeals, April 20, 2007
State Farm Mut. Auto. Ins. Co. v. Rosenthal, No. 06-2158
In an insurer's declaratory judgment action against an insured alleging that his underinsured motorist claim was time barred by Pennsylvania's four-year statute of limitations on contract claims, a ruling for the insured is affirmed on alternate grounds, based on a prediction that the Pennsylvania Supreme Court would start running the statute of limitations on the date on which an insured settles with or obtains an award from the adverse driver for less than the value of his damages. Read more...

Supreme Court of Texas, April 20, 2007
Gym-N-I Playgrounds, Inc. v. Snider, No. 05-0197
In a suit brought by tenant, playground equipment manufacturing company, against its landlord arising out of a building fire, summary judgment for landlord is affirmed where: 1) tenant's express disclaimer of commercial real estate landlord's implied warranty, that their premises are suitable for the tenants' intended commercial purposes, precluded their suit against the landlord for breach of the warranty; and 2) tenants' agreement to lease the commercial building "as is" prevents them from suing the landlord for other claims based on the property's condition. Read more...