Insurers

News & Analysis as of

Florida’s Fifth District Court of Appeal Holds “Wrongful Conduct” on Behalf of Insurer is Necessary Prerequisite to an Insured’s...

In Omega Insurance Co. v. Kathy Johnson, 2014 Fla. App. Lexis 13737 (Fla. Dist. Ct. App. 5th Dist. Sept. 5, 2014), the Fifth District reversed a Marion County trial court’s grant of attorneys’ fees based upon Omega’s...more

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

Disparate impact cases against HUD: Illinois federal court issues decision; update on D.C. case

Because of their potential impact on the CFPB’s conclusion that the ECOA and Regulation B encompass disparate impact claims, we have been following two insurance industry lawsuits involving a challenge to HUD’s Federal...more

If it doesn’t matter, pay up! The High Court keeps a broad interpretation of Section 54

Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 - The High Court today handed down a decision concerning Section 54 (1) of the Insurance Contracts Act. The decision is important for many insurers, particularly those...more

Firm Helps Defeat Effort to Delay Trial Due to Insurer’s Insolvency

A Texas court has declined to stay a jury trial in a personal-injury case based on a Delaware court’s liquidation and injunction order concerning the defendants’ insurer....more

California Court Considers Standard for Rescission

In its recent decision in Betty Douglas, et al. v. Fidelity National Insurance Company, 2014 Cal. App. LEXIS 788 (Cal. App. Aug. 29, 2014), the California Court of Appeal for the First Appellate District, had occasion to...more

European Antitrust “Block Exemption” For Insurance Under Review

In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption from the federal antitrust laws. The Act applies to all conduct that...more

Is That Covered? Insurer Refusal to Pay for Full Property Loss May Be Bad Faith

If you or your clients have ever had the experience of submitting a claim to an insurance company, you probably know how difficult it can be to get the insurance company to pay the full amount of damages. Even if the company...more

“So What?”: Montana’s Supreme Court Turns a Deaf Ear to Insurers Charged With Breaching the Duty to Defend

Earlier this year, in K2 Investment Group v. American Guaranty & Liability Ins. Co., 983 N.Y.S.2d 761 (N.Y. 2014), New York’s highest court adopted—but then decided against—a rule under which a liability insurer that has...more

Court Rejects Claims Of Privilege, Work Product, And The Common Interest Doctrine To Reinsurance Information

In a discovery dispute between insurer Progressive and the FDIC, as receiver of the insured bank, a federal district court has rejected all claims of attorney-client privilege and work product protection to reinsurance...more

Maxwell v Highway Hauliers – High Court Judgment Delivered – s54 does its work

The long awaited judgment of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 was delivered by the High Court of Australia only moments ago....more

Connecticut Supreme Court addresses insurer standing to pursue DJ against another insurer, “known injury” exclusion, allocation...

In Travelers Cas. & Sur. Co. of America v. The Netherlands Ins. Co., the Connecticut Supreme Court recently ruled on several significant insurance coverage issues, including whether an insurer has standing to pursue a...more

California Repeals 60-Day Limit on Waiting Periods

On August 15, 2014, California passed Senate Bill 1034, which repealed an insurance law (Assembly Bill 1083) that prohibited insurance companies from including waiting periods in excess of 60 days in their group health...more

Business Law Newsletter - Septermber 2014

In This Issue: - Monkeying around with Copyright Laws - Who can Own a Copyright? - Restrictions in Franchise Agreements Narrowly Construed - The Eight Corners Rule and the District of Columbia -...more

Message: Good Faith is Not Care

When an insurer issues a policy, it assumes a duty not only to investigate and pay claims, but to do so in good faith. There is, however, a difference between that duty and the duty of due care that arises under tort law. ...more

APRA to remove duplication in prudential standards

On 28 August 2014 APRA advised all ADIs, general insurers and life companies that amendments will be made to prudential standards applicable to them. These amendments prevent any duplication within the prudential standards...more

Court Holds that Privacy Violations Allegations Are Not Covered

A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court...more

Texas Supreme Court Clarifies Scope and Application of the “Anti-Technicality” Statute

In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the “anti-technicality” statute, holding that the clause would only operate in...more

Florida’s Fourth District Court of Appeal Holds an Insurer’s Liability for Breach of Contract Is Not a Necessary Prerequisite for...

In Cammarata v. State Farm Fla. Ins. Co., 2014 Fla. App. Lexis 13672 (September 3, 2014), the Fourth District court addressed a challenge to an insured’s bad faith lawsuit as premature. The Cammaratas’ home sustained damage...more

Second Circuit Finds That Late Notice Bars Claims Against Reinsurer

The Court of Appeals for the Second Circuit affirmed a lower court’s ruling in favor of TIG Insurance Company, finding that AIU Insurance Company’s belated notice of claim to TIG under nine certificates of facultative...more

Florida: Coverage Determination, Not Breach of Contract, Permits Bad Faith Litigation

The risk of bad faith litigation continues to increase for insurance companies following a Florida court’s determination that an insurer’s confirmed liability for coverage and the scope of damages – but not breach of contract...more

Maxwell v Highway Hauliers – High Court Judgment Imminent

Those of you following our coverage regarding the proceedings of Maxwell v Highway Hauliers, presently before the High Court of Australia, will be pleased to hear that judgment is set to be delivered at 10.15am on Wednesday,...more

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage. Successfully arguing waiver may allow a policyholder to obtain coverage even...more

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

Legal bloggers sometimes ask themselves: If my post appears on the Internet, but there’s no evidence anyone has read it, have I been published? The question has not yet been finally resolved among law firm compensation...more

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