In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more
11/15/2023
/ Appellate Courts ,
Class Action ,
Class Action Settlement ,
Commercial Insurance Policies ,
Excess Policies ,
Insurance Claims ,
Insurance Litigation ,
Insurer Liability ,
Notice Requirements ,
Prior Express Consent ,
Prior Written Authorization ,
Settlement ,
VIZIO
In the ongoing case of Tony v. Evanston Insurance Co., the U.S. District Court for the Southern District of Florida recently issued a ruling denying a motion to dismiss filed by defendant Evanston Insurance Co. in which it...more
In Hemphill v. Landmark American Insurance Co., issued April 5, 2023, the Third Circuit Court of Appeals outlined limits on an insured’s use of Pennsylvania’s “reasonable expectations” doctrine — the legal theory that...more
In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of...more
To paraphrase Justice Oliver Wendell Holmes Jr., a case “which appeals to the feelings and distorts the judgment” makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals...more
While Amtrak is in the business of providing on-time railway services to millions of passengers each year, the corporation’s two-year-plus delay in tendering defense to its insurer following a South Florida railway accident...more
In a brief opinion filed on December 3, 2021, in Atain Specialty Insurance Co. v. Dignity Housing West Inc., the Ninth Circuit Court of Appeals held that terms of coverage are limited by information contained in policy...more