Commercial Law & Contracts, Personal Injury, Insurance

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

Missouri Court Rejects Attempt to Plead Conversion into Coverage through Negligence Counts

by Kathryn Metz | Sedgwick LLP on 5/13/2013

In Allen v. Cont’l W. Ins. Co., 2013 WL 1803476 (Mo. Ct. App. April 30, 2013), the Missouri Court of Appeals found that a Commercial General Liability (“CGL”) insurer had no duty to defend its insureds, a title loan company...more

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

by Leigh Duthie, Alex Hartmann | Baker & McKenzie Australia on 5/9/2013

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

New York Court Holds Incidents of Sexual Molestation Separate Occurrences

by Traub Lieberman Straus & Shrewsberry LLP on 5/9/2013

In its recent decision in Roman Catholic Diocese of Brooklyn v National Union Fire Ins. Co. of Pittsburgh, PA, 2013 NY Slip Op 3264 (N.Y. May 7, 2013), the New York Court of Appeals – New York’s highest court – had occasion...more

In New York, One Priest’s Multiple Acts of Sexual Abuse on a Minor Constitutes Multiple Occurrences

by Diana Karnes, Gregory Lahr | Sedgwick LLP on 5/9/2013

Yesterday, New York State’s highest court, for the “first time,” ruled on the meaning of “occurrence” in the context of multiple incidents of sexual abuse of a minor by a priest that spanned several years and policy periods. ...more

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm...

by Joseph Jean, Steven Morris | Lowenstein Sandler LLP on 5/7/2013

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

by Richard Bennett | Cozen O'Connor on 5/3/2013

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

Limited Tort Reform Passes Virginia Assembly

by Stephen Baril, William Gray, Ian Lambeets | Sands Anderson PC on 4/17/2013

Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

by Larry Golub | Barger & Wolen on 4/15/2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal exhaustion of primary liability policy limits before triggering the obligation of...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

by Traub Lieberman Straus & Shrewsberry LLP on 4/12/2013

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Is That Covered? How Long Should I Keep an Insurance Policy?

by Michael R. Kelley | McNees Wallace & Nurick LLC on 4/11/2013

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Missouri Court Holds Liquor Liability Applicable to Underlying Suit

by Traub Lieberman Straus & Shrewsberry LLP on 4/10/2013

In its recent decision in Nautilus Ins. Co. v. Roberts, 2013 U.S. Dist. LEXIS 50141 (E.D. Mo. Apr. 8, 2013), the United States District Court for the Eastern District of Missouri had occasion to consider the application of a...more

The Importance of Having Sufficient Insurance Coverage

by Christopher R. Dawson, Nigel G. Gilby | Lerners LLP on 4/10/2013

Question: "I drive a truck and a close friend of mine will borrow my truck sometimes for errands, and then I just use his car. We have different vehicle insurance policies. If I was to get in an accident with his vehicle,...more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

by Alison Finnegan, Gordon S. Woodward | Schnader Harrison Segal & Lewis LLP on 4/4/2013

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm

by Joseph Jean, Steven Morris | Lowenstein Sandler LLP on 4/2/2013

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

by Traub Lieberman Straus & Shrewsberry LLP on 3/26/2013

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

by Ryan Chapoteau, Jeffrey Winn | Sedgwick LLP on 3/20/2013

In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

by Mickey Martinez, Mark Packman, Kami Quinn | Gilbert LLP on 3/19/2013

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

Florida Appellate Court Finds that an Additional Insured is Entitled to the Appointment of Separate and Independent Defense...

by Kellyn Muller | Cozen O'Connor on 3/12/2013

On February 20, 2013, in a matter of first impression in the state of Florida, the Third District Court of Appeal ruled 2-1 that an additional insured was entitled to the appointment of separate and independent defense...more

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Commercial Law & Contracts › Personal Injury › Insurance