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Illinois Court Holds Insurer Improperly Delayed Declaratory Judgment Action

In FCCI Ins. Co. v. Westfield Ins. Co., 2014 Ill. App. Unpub. LEXIS 1421 (Ill. App. June 27, 2014), the Appellate Court of Illinois had occasion to consider whether an insurer was estopped from asserting policy defenses to...more

Florida’s Fifth District Court of Appeal Holds “Wrongful Conduct” on Behalf of Insurer is Necessary Prerequisite to an Insured’s...

In Omega Insurance Co. v. Kathy Johnson, 2014 Fla. App. Lexis 13737 (Fla. Dist. Ct. App. 5th Dist. Sept. 5, 2014), the Fifth District reversed a Marion County trial court’s grant of attorneys’ fees based upon Omega’s...more

Firm Helps Defeat Effort to Delay Trial Due to Insurer’s Insolvency

A Texas court has declined to stay a jury trial in a personal-injury case based on a Delaware court’s liquidation and injunction order concerning the defendants’ insurer....more

California Court Considers Standard for Rescission

In its recent decision in Betty Douglas, et al. v. Fidelity National Insurance Company, 2014 Cal. App. LEXIS 788 (Cal. App. Aug. 29, 2014), the California Court of Appeal for the First Appellate District, had occasion to...more

Fourth Circuit: Twenty-Seven Days of Inaction Enough to Waive Right to Rescind for Violations of Protective Safeguards Clause

The marriage liturgy in the Anglican Book of Common Prayer contains the well-known line “speak now or forever hold your peace,” and the take-away from a recent Fourth Circuit decision out of North Carolina is clearly “act now...more

U.S. Bank v. Indian Harbor: Insurers Face Another Restitution/Disgorgement Setback

In a recent decision, the United States District Court for the District of Minnesota held that insurers could not use the so-called restitution/disgorgement defense to avoid covering amounts that their insured bank agreed to...more

Seventh Circuit Addresses Burden of Proof Under CAFA’s Home State Exception, Affirms Denial of Remand and Award of Costs to...

The Seventh Circuit recently addressed the applicability of the home state exception under the Class Action Fairness Act (“CAFA”). The case arose from health insurer Right Choice Insurance Company’s withdrawal from the...more

Missouri Court Denies Reconsideration Of Order Quashing Subpoena Of Un-Issued Arbitration Award

Lincoln Memorial Insurance Company and Hannover Life Reinsurance Company of America became engaged in a long-running reinsurance dispute, arising from an allegedly fraudulent scheme by Lincoln and others in the sale of...more

Nutmeg, Sí, Palmetto, No!: Travelers Wins Both Sides of Insurer-vs.-Insurer Dispute

Although large or protracted losses can implicate more than one liability policy, sometimes only one insurer steps up to provide a defense. When that happens, the insurer can try any of several ways to recover its expenses...more

ERISA: Plaintiff’s Attorney Fees Denied — Filing Of Lawsuit Was Not Reason Why Benefits Were Granted

You already know that in ERISA cases a court may, in its discretion, award attorney fees if a party achieved “some degree of success on the merits.”...more

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

This is the second article of a three-part series about the decision of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014). The first article...more

7th Circuit Holds Excess Insurer Has No Duty to Indemnify Punitive Damages

In its recent decision in Fox v. Am. Alternative Ins. Corp., 2014 U.S. App. LEXIS 12799 (7th. Cir. July 7, 2014), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider...more

Winning Isn’t Everything: Insurer’s Arbitration Success Does Not Prevent Claim for Bad Faith Failure to Settle

After he was rear-ended by a driver without insurance, the plaintiff in Maslo v. Ameriprise Auto & Home Insurance, No. B249271 (Cal. App. Ct. June 27, 2014) incurred $64,000 in medical expenses, but he filed a claim with his...more

Texas' Progressive Claim Affliction Is Treatable

A case recently considered by Texas' Thirteenth Court of Appeals illustrates a fact pattern becoming all too familiar in Texas first-party property insurance claims. The story goes something like this....more

Law Firms Are Not Body Shops: An Insurer’s Duty to Defend Requires it to Pay Only the Defense Costs the Insured Actually Paid

In the course of discharging their coverage obligations, insurers often benefit from bargains they strike with service providers. Healthcare insurers pay in-network caregivers rates that are dramatically lower than the...more

Calderbank offers – Getting more bang for your buck

The cost-protective benefits of Calderbank offers are often more illusory than real. Courts will only award indemnity costs to the party making the offer where the party demonstrates that it was unreasonable for the other...more

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

In a Case of First Impression, District Court Finds an Insurer May Not Seek a Declaration as to Another Insurer’s Duty to Defend

An insurance company may not seek to require another insurer to defend its insured via declaratory judgment according to the United States District Court for the District of South Carolina in Auto-Owners Insurance Company v....more

District Court Figures Out What The Hail Is Going On

Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going...more

U.S. Bank v. Indian Harbor: Another Blow to the Restitution/Disgorgement Defense

In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more

You’re Getting Sued for What? An E & O Odyssey (Pt 13)

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

Texas Supreme Court Vacates $26 Million Arbitration Award And Reverses Court Of Appeal’s Decision Imposing Requirement For...

Nearly ten years after arbitration proceedings commenced involving a claim arising from the purchase and sale of various insurance companies, the Texas Supreme Court vacated the $26 million arbitration award entered against...more

Real Property, Financial Services & Title Insurance Update

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

New Jersey Court Allows Rescission of Policy and Awards Damages to Insurer

In its recent decision in Colony Ins. Co. v. Kwasnik, Kanowitz & Assocs., P.C., 2014 U.S. Dist. LEXIS 87659 (D.N.J. June 27, 2014), the United States District Court for the District of New Jersey had occasion to consider the...more

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