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Damages › Settlement › Insurance Industry

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

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

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An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

White and Williams LLP

Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

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Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding...more

Hogan Lovells

Drake, a redefining judgment on breach of mandate and contractual damages

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In a precedent setting judgment, the Supreme Court of Appeal in Drake Flemmer & Orsmond Inc & Another v Gajjar NO [2017] ZASCA 169 (1 December 2017) pronounced on the principles applicable in respect of assessment of...more

Manatt, Phelps & Phillips, LLP

TCPA Connect -- Oct 16, 2013

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It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Sep 12, 2013

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Summer Ends on a High Note for Policyholders - Summer may be winding down, but the courts are still smiling on policyholders. The three cases discussed in this week’s newsletter present some big wins for insureds. ...more

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