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Goldberg Segalla

Recent Agent Breach of Contract Decisions of Note

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As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

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The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

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In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Davis Wright Tremaine LLP

Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute

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In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more

Rumberger | Kirk

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

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In 2012, the California Legisla­ture enacted changes to the California Insurance Code that provide protections intended to shield consumers from los­ing life insurance coverage due to late or missed insurance premium...more

White and Williams LLP

Judicial Feat: Bicyclist is a “Pedestrian:” Coverage Owed

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Yesterday, on December 10, 2020, the Supreme Court of Washington spoke: a bicyclist is a “pedestrian.” As a result, coverage was owed under an automobile policy. Many reading this do not handle claims under auto policies....more

Sheppard Mullin Richter & Hampton LLP

Anti-Slapp Statute Does Not Apply To Allegations That Insurer Improperly Refused To Provide Cumis Counsel

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Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Butler Snow LLP

Contracts May “Legally” Obligate a Party to Pay, Even Without a Court Judgment

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Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts. Recently, the Sixth Circuit revisited the issue of interpreting contractual language in Dark Horse Express, LLC v. Lancer...more

Holland & Knight LLP

Florida Appeals Court Allows Assignment of Benefit Restrictions in Homeowner Policies - Ruling Sets Up Conflict with Earlier...

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Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that an insurer's anti-assignment provision was not prohibited. The Court disagreed with the Fifth DCA's decision in December 2017 prohibiting any such...more

Hogan Lovells

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

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Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Carlton Fields

Illinois Federal Court Rejects Twin Suits Challenging Dividend Payment Practices

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Challenges to mutual life insurers’ discretion in setting dividend scales date back over 100 years. Earlier this year, in Anderson v. Country Life Insurance Company and Ochoa v. State Farm Life Insurance Company, a federal...more

BakerHostetler

Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s...

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On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim splitting...more

Ballard Spahr LLP

Ninth Circuit to Decide Key TCPA Insurance Issue

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The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

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2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Butler Weihmuller Katz Craig LLP

Understanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits

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Florida first-party property insurers have seen a dramatic rise in assigned insurance claims. In the typical scenario, an insured assigns her rights to receive insurance proceeds from a loss to a contractor in return for the...more

Cozen O'Connor

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

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A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Carlton Fields

Seventh Circuit Affirms Service Of Suit Clause In Reinsurance Treaties And Grants Cedent Absolute Right To Select Forum

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Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more

Cozen O'Connor

Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

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Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

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California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Zelle LLP

AMJ Investments May Not Alter Texas Claims Landscape

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Section 541 of the Texas Insurance Code authorizes a private cause of action through which an insured can recover the “actual damages” caused by its insurer’s violation of the statute’s fair-claims handling provisions. And,...more

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