News & Analysis as of

Damages Commercial Insurance Policies

Adams and Reese LLP

Ask Not for Whom the Blue Bell Tolls

Adams and Reese LLP on

Fifth Circuit Ruling Against Blue Bell’s Corporate Directors and Officers May Limit Availability of Insurance Coverage in Shareholder Derivative Actions - In a recent ruling, the United States Court of Appeals for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

McGlinchey Stafford

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

McGlinchey Stafford on

Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

J.S. Held on

Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

Cozen O'Connor

Washington Supreme Court: Deprivation of Intended Use Following COVID-19 Order Not Physical Damage

Cozen O'Connor on

In a unanimous ruling on Thursday, August 25 (Slip Opinion), the Washington Supreme Court added its voice to the developing “strong, if not unanimous” national consensus that COVID-19 and related government closures do not...more

Hendershot Cowart P.C.

Texas Employers: Know Your Commercial General Insurance Exclusions – Before an Accident

Hendershot Cowart P.C. on

Your commercial general liability insurance is intended to protect your business if the worst happens: an accident or injury at your worksite. But beware of the exclusions. Many policies will not cover bodily injury or...more

Cozen O'Connor

Court Rewrites Insurance Policy to Create Defense Obligation in Favor of “Implied Coinsured” Tenant

Cozen O'Connor on

Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more

Bradley Arant Boult Cummings LLP

Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages - Construction and Procurement Law News, Q3 2021

In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the...more

Pillsbury Winthrop Shaw Pittman LLP

K.C. Hopps Holds That Juries—Not Judges—Should Decide if Coronavirus Causes Physical Loss or Damage

The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration. Juries, not judges, get to...more

Pillsbury - Policyholder Pulse blog

Plight of Ever Given Reminds Policyholders to Reevaluate Insurance Programs for Loss and Delay in Transit of Goods

A few weeks have passed since the Suez Canal was cleared of the now infamous Ever Given, the quarter-mile-long, 220,000-ton cargo ship that ran aground, clogging one of the world’s most crucial shipping arteries for over six...more

Carlton Fields

Massachusetts High Court Upholds Consent-to-Settle Provision, Protecting Insurer Who Did Not Have the “Final Say”

Carlton Fields on

The Supreme Judicial Court of Massachusetts recently heard an appeal regarding a particularly obstinate insured, ruling that recognition of a consent-to-settle provision does not in and of itself violate an insurer’s duties...more

Farella Braun + Martel LLP

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more

BakerHostetler

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

BakerHostetler on

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide