News & Analysis as of

IFCA Insurance Industry

Cozen O'Connor

Court Differentiates Vandalism from Theft in First Party Insurance Policy

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The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung...more

Cozen O'Connor

Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

Cozen O'Connor on

In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a...more

Miller Nash LLP

Livin’ on a Prayer (for Noneconomic Damages in a Coverage Dispute)

Miller Nash LLP on

Tommy, Bon Jovi fans know, is in trouble. From the opening lines of the song, “Livin’ on a Prayer,” we learn that things are so bad that Tommy’s got his six-string in hock. The song implies that Tommy is in straits because...more

Wiley Rein LLP

Claims under Illinois False Claims Act Not Uninsurable under Illinois Law

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The Northern District of Illinois has held that claims brought under the Illinois False Claims Act (“IFCA”) are not uninsurable as a matter of Illinois law. The insured, a telecommunications company with $2 million in...more

Weber Gallagher Simpson Stapleton Fires &...

Court Rules That Attorney Client Privilege Waived With Ghost Written Disclaimer Letter

Two courts recently held that a disclaimer drafted by an insurer’s in-house or outside counsel and sent from the adjuster may constitute a waiver of the attorney client privilege. ...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Cozen O'Connor

Washington Supreme Court Limits “Insurance Fair Conduct Act” — Three Things Insurers Must Know

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On Groundhog Day 2017, the Washington Supreme Court issued its first major opinion interpreting the state’s 2007 “Insurance Fair Conduct Act” (IFCA). The decade-old legislation had caused shockwaves among insurers when its...more

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