News & Analysis as of

Damages Insurance Industry

White and Williams LLP

Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract

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In a matter of first impression, the Superior Court of Connecticut (Superior Court), in American Commerce Ins., Co. v. Eastern Fuel Corp., No. CV-206109168-S, 2024 Conn. Super. LEXIS 380, held that a waiver of subrogation...more

Rivkin Radler LLP

Insurance Update - March 2024

Rivkin Radler LLP on

We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more

Wiley Rein LLP

Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”

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The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

Presley & Presley

Covenant Not To Execute Does NOT Preclude Damages

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Following a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue...more

Rodemer Kane Attorneys at Law

Understanding Colorado Law Regarding Total Loss Vehicles

Colorado, like many states, has specific laws and regulations in place when it comes to determining a vehicle's total loss status. When your car sustains significant damage, whether due to an accident, natural disaster, or...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

White and Williams LLP

Fine Art Losses – “Canvas” the Subrogation Landscape

If a fire or flood destroys a high-net-worth client’s fine art collection, an insurer who pays out a claim related to the loss has an incentive to pursue subrogation. This article explores some of the issues an insurer should...more

Ward and Smith, P.A.

Do I Need a Lawyer for a Car Accident?

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North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more

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

Wastewater Treatment /PCB Contamination: South Carolina Court of Appeals Addresses Insurance Coverage Issue

The Court of Appeals of South Carolina (“Court”) addressed in a January 3rd opinion an insurance coverage issue associated with a claim related to polychlorinated biphenyls (“PCBs”) deposited by a third party into a...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

J.S. Held

The Financial Toll of Unforeseen Weather Events

J.S. Held on

Escalating Impacts of Catastrophic Weather - Large insurance losses are increasingly being caused by hazardous weather events such as hurricanes, floods, lightning strikes, high winds, large hail, and wildfires....more

Chartwell Law

New York Governor Vetoes Grieving Families Act

Chartwell Law on

On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

J.S. Held

Valuing Out of Sight Inventory Losses

J.S. Held on

Introduction: The Importance of Accurate Inventory Valuation - Inventory valuation is often necessary for the purposes of evaluating and determining damages. Such damages could arise from a multitude of factors such as...more

BakerHostetler

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

BakerHostetler on

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

Sheppard Mullin Richter & Hampton LLP

Are Third-Party Diminished Value Damages Claims Covered in California?

Auto insurers are often asked by their insureds and third-party claimants to pay for what are known as “diminished value” damages in connection with car accidents. Generally speaking, “diminished value” is the loss of market...more

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

Proskauer - Employee Benefits & Executive...

Sixth Circuit Highlights Importance of the Plan Document

A recent decision by the U.S. Court of Appeals for the Sixth Circuit (Patterson v. United HealthCare Ins. Co., No. 22-3167, 2023 WL 4882436 (6th Cir. Aug. 1, 2023)) illustrates the importance of clearly describing key plan...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

Conn Kavanaugh

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

Conn Kavanaugh on

We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies...more

Wiley Rein LLP

Utah Federal Court Holds That Malpractice Claim “Resulting From” Sanctions on Insured Law Firm Seeks “Damages”

Wiley Rein LLP on

A Utah federal district court, applying Utah law, has held that a malpractice action “resulting from” or “incident to” a court’s decision to assess sanctions on an insured law firm for its violation of a discovery rule...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

Jenner & Block

Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage...

Jenner & Block on

The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023),...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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