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Snell & Wilmer

Nevada Prohibits “Burning Limits” Liability Insurance Policies

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On June 3, 2023, the Nevada legislature enacted a law prohibiting insurance companies from issuing or renewing policies of liability insurance that contain defense-within-limits provisions, or so-called “burning limits”...more

Carlton Fields

Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award

Carlton Fields on

O’Connell Landscape Maintenance, Inc. (O’Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA)....more

Butler Weihmuller Katz Craig LLP

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go forward....more

K&L Gates LLP

Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate

K&L Gates LLP on

An Ohio appellate court recently addressed the much-debated issue of recoupment of defense costs, holding in a 2–1 decision, and on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the...more

Goulston & Storrs PC

T&E Litigation Newsletter- January 2016

Goulston & Storrs PC on

The last quarter of 2015 produced two interesting decisions from the Appeals Court. In Brady v. Citizens Union Savings Bank, 88 Mass. App. Ct. 416 (2015), the Court addressed whether legal fees and costs already paid to...more

Goodwin

When The Government Comes Knocking: Maximizing Insurance Coverage for Government Investigations

Goodwin on

As many readers will know, a government investigation can begin with something as seemingly innocuous as an email from a governmental agency to a company’s general counsel asking for information, or as attention-grabbing as a...more

Cozen O'Connor

PA Court Holds Coverage is Barred Under Professional Liability Policy for False Claim Act Lawsuit Costs

Cozen O'Connor on

On July 16, 2013, the Pennsylvania Court of Common Pleas (Philadelphia County) granted summary judgment in favor of ACE American Insurance Company, holding that costs arising from False Claims Act Litigation were excluded...more

Cozen O'Connor

Florida Requires Replacement Cost Payments Include Profit and Overhead Even if No Repairs Have Been Made

Cozen O'Connor on

On July 3, 2013, the Florida Supreme Court held that an insurer making a replacement cost payment to a homeowner who had yet to repair the damaged property could not withhold payment of that component of replacement cost that...more

Cozen O'Connor

Washington Supreme Court: Insurers May Not Reserve the Right to Seek Reimbursement of Non-covered Defense Costs

Cozen O'Connor on

The Washington Supreme Court joined a minority of jurisdictions that hold that insurers may not unilaterally reserve the right to seek reimbursement for defense costs paid in defending non-covered claims through a reservation...more

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