High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business -
Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more
3/21/2016
/ Claims Made Policy ,
Co-Insurance Payments ,
Commercial General Liability Policies ,
Duty to Defend ,
Farms ,
Food Safety ,
Fraud ,
Indemnification Clauses ,
Innocent Insured ,
Insurance Industry ,
Late Notices ,
Malpractice Insurance ,
Marijuana Related Businesses ,
Pesticides ,
Prejudice ,
Rescission
Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission -
Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more
1/23/2016
/ Bad Faith ,
Breach of Contract ,
Breach of Duty ,
Competition ,
Covenant of Good Faith and Fair Dealing ,
Duty to Defend ,
Excess Policies ,
Fraud ,
Insurance Litigation ,
Misrepresentation ,
Professional Liability ,
Rescission ,
Right to Privacy ,
TCPA ,
Uber
Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation -
Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more
11/5/2015
/ Advertising Injury ,
Applications ,
Breach of Contract ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Copyright ,
Copyright Infringement ,
Covenant of Good Faith and Fair Dealing ,
Cross Motions ,
D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Discovery ,
Duty to Defend ,
Food Recalls ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Heinz ,
Injunctive Relief ,
Insurance Litigation ,
Motion for Reconsideration ,
Motion for Summary Judgment ,
Omissions ,
Policy Exclusions ,
Policy Limits ,
Qui Tam ,
Right to Control ,
Trademark Infringement ,
Travelers ,
Treble Damages ,
Unfair Competition
Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits -
Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more
10/9/2015
/ Anticompetitive Behavior ,
Bad Faith ,
Bargaining Power ,
Breach of Contract ,
Class Action ,
Commercial Insurance Policies ,
Conflicts of Interest ,
Consumer Fraud ,
Cumis Counsel ,
Duty to Defend ,
False Claims Act (FCA) ,
Fraud ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Legal Ethics ,
Negligent Misrepresentation ,
NV Supreme Court ,
Policy Exclusions ,
Reservation of Rights ,
Subsidiaries ,
The Clayton Act ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water -
Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more
9/10/2015
/ Ambiguous ,
Breach of Duty ,
Choice-of-Law ,
Claims Made Policy ,
Commercial General Liability Policies ,
Duty to Defend ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Mold Litigation ,
Notice Requirements ,
Policy Exclusions ,
Reservation of Rights
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred -
Why it matters: Reversing its holding in a 2003 case, the Supreme...more
8/28/2015
/ Abatement ,
Asbestos Litigation ,
Attorney's Fees ,
Bad Faith ,
CA Supreme Court ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Commercial General Liability Policies ,
Consent Decrees ,
Consent to Assignment ,
Cumis Counsel ,
D&O Insurance ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
FDIC ,
Fluor ,
Hartford Casualty Ins. ,
Hartford Insurance Company ,
Indemnification ,
Insurance Litigation ,
Insureds ,
Liberty Mutual Insurance Company ,
Mitigation ,
Policy Exclusions ,
Receivership
Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules -
Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more
8/14/2015
/ Apparent Authority ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Carbon Emissions ,
Civil Conspiracy ,
Class Action ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Fraud ,
Insurance Industry ,
Insureds ,
Mediation ,
Notice Requirements ,
Nuclear Waste ,
Patient Privacy Rights ,
Policy Exclusions ,
Public Officials ,
Reservation of Rights ,
Settlement ,
Workplace Injury
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy -
Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
8/1/2015
/ Claims Made Policy ,
Delay Claims ,
Dismissals ,
Duty to Defend ,
Excess Policies ,
Fire Damage ,
Late Notices ,
Malpractice Insurance ,
Motion To Intervene ,
Notice Requirements ,
Property Damage ,
Property Insurance
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
7/16/2015
/ Appeals ,
Bad Faith ,
Breach of Contract ,
CERCLA ,
Commercial General Liability Policies ,
Counterclaims ,
D&O Insurance ,
Declaratory Relief ,
Duty to Defend ,
Duty to Settle ,
Environmental Protection Agency (EPA) ,
Homeowner's Insurance ,
Homeowners Association (HOA) ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Motion to Dismiss ,
Policy Exclusions ,
Policy Limits ,
Potentially Responsible Party (PRP) ,
Scope of Coverage ,
Scope of the Claim ,
Summary Judgment ,
TX Supreme Court
Policyholder Can Keep Selected Counsel, Court Rules; Insurers’ Objection Too Late -
Why it matters: A policyholder was able to maintain its selected defense counsel after a federal court judge ruled that the insurers’...more
4/23/2015
/ Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
Insurance Litigation ,
Mortgage Lenders ,
Policy Limits ,
Property Damage ,
TCPA ,
Unsolicited Faxes ,
Vacant Properties ,
Vandalism
Legal Issues Not Proper Expert Testimony -
Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more
4/4/2015
/ Asbestos ,
Asbestos Litigation ,
Buckyballs ,
Claims Made Policy ,
Duty to Defend ,
Expert Testimony ,
Indemnification ,
Insurance Industry ,
Intellectual Property Litigation ,
Liability Insurance ,
Medical Malpractice ,
Policy Exclusions
New York Federal Court Rejects Insurer’s Request for Recoupment -
Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more
3/13/2015
/ Advertising Injury ,
Architects ,
Asbestos Litigation ,
Class Action ,
Copyright ,
Copyright Infringement ,
Duty to Defend ,
Food Manufacturers ,
Illegal Drugs ,
Insurance Industry ,
Late Notices ,
Recoupment ,
Reservation of Rights
More Important Rulings From J.P. Morgan's New York Coverage Litigation -
Why it matters:
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more
1/30/2015
/ Bear Sterns ,
Duty to Defend ,
Enforcement Actions ,
Insurance Litigation ,
JPMorgan Chase ,
Late Notices ,
Liability Insurance ,
NYSE ,
Policy Exclusions ,
Professional Liability ,
Securities and Exchange Commission (SEC) ,
TCPA
Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules -
Why it matters:
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more
1/14/2015
/ Appeals ,
Banks ,
Class Action ,
Counterclaims ,
D&O Insurance ,
Duty to Cooperate ,
Duty to Defend ,
Excessive Fees ,
FDIC ,
Litigation Fees & Costs ,
Policy Exclusions ,
Reservation of Rights ,
US Bank
Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker -
Why it matters:
An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more
12/8/2014
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Duty to Defend ,
Flooding ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Injunctive Relief ,
Insurance Brokers ,
Jury Awards ,
Jury Verdicts ,
Property Damage ,
Risk Assessment
South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations -
Why it matters:
A federal court in South Carolina ruled that absent a showing by an insurer...more
Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer -
Why it matters:
In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more
11/6/2014
/ Attorney-Client Privilege ,
Breach of Duty ,
Commercial General Liability Policies ,
Contaminated Properties ,
Data Breach ,
Discovery ,
Duty to Defend ,
Malpractice Insurance ,
PF Chang's ,
Reinsurance ,
Transvaginal Mesh ,
Travelers ,
Unfair or Deceptive Trade Practices
Why it matters -
In the latest decision to weigh in on the scope of the Insured v. Insured exclusion, a California court has held that it is ambiguous as applied to suits brought by the FDIC, and therefore does not...more
Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement -
Why it matters:
A policyholder who does not act promptly to seek advancement...more
10/23/2014
/ AIG ,
Attorney's Fees ,
Banks ,
Choice-of-Law ,
D&O Insurance ,
Duty to Defend ,
FDIC ,
Insurance Industry ,
Late Notices ,
Policy Exclusions ,
Voluntary Payments
Lack of Direct Contractual Relationship Doesn’t Doom Coverage -
Why it matters:
The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more
Washington Supreme Court Rules That It Was Error To Delay Adjudication Of Insurer’s Duty To Defend, But Should Stay Discovery As To Insurer’s Coverage Defenses -
Why it matters:
The Washington Supreme Court...more
Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage -
Why it matters:
In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more
Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes -
Why it matters:
In a fascinating – albeit unpublished – decision from the Ninth...more
Insurer Must Indemnify TCPA Settlement, Despite Lack of Involvement -
Why it matters:
In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer...more