Matthew Morris

Matthew Morris

Proskauer Rose LLP

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Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

7/30/2015 - Babcock & Wilcox Construction Bodily Injury Class Action Consent Construction Industry First Impression Oil & Gas PA Supreme Court Reservation of Rights Settlement Toxic Exposure

Louisiana Supreme Court Holds That Statute May Confer Broad Duties On Insurers

In Kelly v. State Farm Fire & Casualty Co., the Supreme Court of Louisiana recently held that an insurer can be liable for bad faith failure to settle a claim even if it has not received a firm offer to settle the claim. The...more

7/10/2015 - Bad Faith Breach of Duty Covenant of Good Faith and Fair Dealing Damages Duty to Settle Insurance Litigation Liability Insurance Misrepresentation Statutory Interpretation Summary Judgment

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

3/10/2015 - Allstate Insurance Litigation Landlords Liability Insurance Policy Limits Property Insurance Toxic Exposure

Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

It is rare to see a state’s highest court address a discovery issue. But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how...more

11/20/2014 - Bad Faith Claims Adjusters Discovery Homeowner's Insurance Property Damage

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse,...more

10/29/2014 - Appeals Insurance Industry Liability Insurance Litigation Fees & Costs Policy Limits Professional Liability Reimbursements

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is...

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful...more

9/24/2014 - Criminal Prosecution Law Enforcement Liability Insurance Malicious Prosecution Municipalities

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