In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance...more
In Nautilus Insurance Co. v. Motel Management Services Inc., the Third Circuit Court of Appeals held that a commercial general liability policy’s assault or battery exclusion barred coverage for claims involving alleged sex...more
In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger...more
The U.S. District Court for the Southern District of New York and the Pennsylvania Supreme Court recently issued two of the first substantive rulings in COVID-19-related insurance coverage lawsuits. Both rulings were in favor...more
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more
1/13/2020
/ Breach of Duty ,
Claims Made Policy ,
Consumer Insurance Products ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Duty to Defend ,
Failure to Notify ,
Indemnification ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Motion to Dismiss ,
Notice Prejudice Rule ,
Notice Provisions ,
Policy Terms ,
Regulatory Requirements ,
Statute of Limitations
Many homeowners insurance policies allow the insurer or the insured to invoke appraisal to resolve disagreements about the amount of the loss. Nonetheless, when one party invokes appraisal, the other party will sometimes...more
9/25/2019
/ Appraisal Rights ,
Consumer Insurance Products ,
Deductibles ,
Homeowner's Insurance ,
Hurricane Irma ,
Insurance Claims ,
Lloyds of London ,
Loss Coverage ,
Motion to Compel ,
Policy Terms ,
Property Damage
Can the terms of a warranty impact the scope of coverage provided by an insurance policy even if the policy does not explicitly incorporate the terms of the warranty? The answer to this question appears to be yes, at least...more
1/21/2019
/ Appeals ,
Contract Terms ,
D&O Insurance ,
Denial of Insurance Coverage ,
Government Investigations ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Scope of Coverage ,
Securities and Exchange Commission (SEC) ,
Warranties
While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration....more