News & Analysis as of

Proof of Loss

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

by Carlton Fields on

The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

Lack of Proof That Infringement was “But For” Cause of Lost Sales or Price Erosion Defeats Permanent Injunction

In Nichia Corp. v. Everlight Americas, Inc., [2016-1585, 2016-1618] (April 28, 2017), the Federal Circuit affirmed the district court’s judgment that U.S. Patent Nos. 8,530,250, 7,432,589, and 7,462,870, directed to LED...more

Damages for Late Payment of Insurance Claims - Enterprise Act 2016

by Dechert LLP on

At present there is no right to damages if an insurer in the UK takes an unreasonable period to settle a claim. Late payment of claims can create genuine hardship for an insured. This could all be set to change from 4 May...more

California’s Storms Are Not California Dreaming

- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more

Adjuster Tools for Water Losses

Lois Chamberlain sat down at her desk, adjusted her reading glasses, and stared at the screen filled with columns of check requests — each supported by a claim summary. Lois was two weeks from her retirement party. She...more

Liability for breach of obligations

by White & Case LLP on

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 7 dated 24 March 2016 'On courts applying certain provisions of the Civil Code of the Russian Federation concerning liability for a breach of...more

Financial Gain Not Required to Prevail in Trade Secret Theft Claim - United States of America v. Yihao Pu

by McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit vacated a district court decision awarding substantial restitution for trade secret theft, determining that a loss calculation made by the district court was erroneous and that...more

Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire

Just before fireworks exploded across the sky to usher in 2016, a massive fire engulfed the Address Downtown Hotel in Dubai. At nearly 1,000 feet tall, this five-star hotel and luxury apartment building —with about 200 hotel...more

First Floods of 2016: Insurance Recovery Tips for Midwestern Businesses

The beginning of 2016 brought floods to the Midwest—and, tragically, loss of life and extensive property damage. With the floodwaters now receding and cleanup underway, affected businesses should consider obtaining insurance...more

South Carolina’s 1,000-Year Flood Requires Immediate Recovery Action

South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more

Waiving the Right to Appraisal Just Got Easier in Texas

by Zelle LLP on

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

Eleventh Circuit: Inventory Computation Exclusion Bars Alabama Employee Theft Claim

by Cozen O'Connor on

In February, we reported on an Alabama federal court decision that barred an insured from recovering for employee theft where the only evidence of shortage was a comparison between computer records and a physical inventory...more

Target’s Consumer Class Action Settlement: A New Way to Resolve Big Data Breach Cases?

by Snell & Wilmer on

Many will recall the 2013 holiday shopping season when Target announced that cyber thieves had accessed and stolen as many as 70 million customer credit and debit card numbers and extracted personal information for another 40...more

Grant-Taylor v Babcock & Brown – causation and proof of loss in shareholder actions

by DLA Piper on

The Federal Court has weighed into the debate about causation and proof of loss in shareholder actions in its decision of Grant-Taylor v Babcock & Brown Limited (in liquidation) [2015] FCA 149 (4 March 2015). Significantly,...more

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

by Carlton Fields on

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

Real Property, Financial Services & Title Insurance Update: August 2014 #2

by Carlton Fields on

former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more

The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages

by Gray Reed & McGraw on

On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. ...more

Louisiana Court Upholds Proof Of Loss Requirement Of Standard Flood Insurance Policy

n Villemarette v. FEMA et al., 2014 U.S. Dist. LEXIS 113667 (E.D. La.), the court analyzed whether plaintiffs were entitled to unpaid proceeds of a Standard Flood Insurance Policy (SFIP). Plaintiffs’ policy had coverage...more

Louisiana Court Finds in Favor of Flood Insurer Where Insured Submitted an Incomplete Proof of Loss

Roussell v. Allstate Insurance Company, 2014 U.S. Dist. LEXIS 82319 (E.D. La. June 17, 2014) involved a dispute over insurance coverage related to the damage caused to the plaintiff’s property by Hurricane Isaac on August 29,...more

Failure to File a Proof of Loss is Fatal, and the Defense Does Not Require a Showing of Prejudice

by Cozen O'Connor on

On June 3, Connecticut’s intermediate level appellate court held that the failure of a policyholder to file a sworn statement in proof of loss was fatal to his claim....more

Eleventh Circuit Clarifies Loss Amount Calculation for Securities Fraud Sentencing

The US Court of Appeals for the Eleventh Circuit recently vacated and remanded a defendant’s sentence because the US District Court for the Southern District of Florida inappropriately added a sentencing enhancement after...more

"Loss Payee" v. "Lender Loss Payee": How the Difference of One Word Can Prevent a Secured Lender's Recovery on Insurance Proceeds

by Blank Rome LLP on

As a secured lender, you take a security interest in your borrower’s inventory and/or equipment and then perfect under applicable law. To further protect the value of the collateral supporting your loan, you confirm your...more

Supreme Court Affirms Enforceability of Plan Limitations Provision

Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set forth the length of the...more

Supreme Court Upholds ERISA Plan’s Three-Year Deadline to File a Lawsuit

by McDermott Will & Emery on

The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required...more

High Court Limits Timing Of Certain ERISA Claims

by Fisher Phillips on

The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date...more

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Cybersecurity

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