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Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

Trends in Weather-Related Insurance Filings in Federal Courts

The United States federal court system periodically publishes reports (called “Just the Facts”) addressing trends facing the federal judiciary. On November 16, 2021, the U.S. Courts released its latest “Just the Facts,”...more

Got mold? If so, you probably don’t have insurance coverage for it.

It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more

An improperly drafted reservation of rights letter — the easiest way for an insurer to waive policy coverage defenses.

In my most recent blogs (“Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to turn to the courts”, Part 1 and Part 2), I addressed the various reasons...more

Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to...

In part one of this blog I discussed intervention, one option insurers may have when coverage questions arise. As I noted in my prior blog, procedures for intervention vary by state, and some states simply do not allow an...more

Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to...

No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot...more

Eleventh Circuit defines “structural damage” under an insurance policy to mean more than simply “physical” damage

Although commonly used in insurance policies, the term “ structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come...more

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