In our January insurance update, we include three state cases addressing some less common situations.
It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
1/23/2024
/ Bad Faith ,
Condominium Associations ,
Contamination ,
Demolition ,
Duty to Defend ,
Faulty Workmanship ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Occurrence ,
Policy Exclusions ,
Professional Service Exclusion ,
Property Damage ,
Renovations ,
SD Supreme Court ,
State Farm ,
Statute of Limitations
Our November Insurance Update covers several topics.
We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more
11/22/2022
/ Air Pollution ,
Bad Faith ,
Bodily Injury ,
Business Interruption ,
Coronavirus/COVID-19 ,
DE Supreme Court ,
First-Party Coverage ,
Insurance Industry ,
NE Supreme Court ,
Trade Dress ,
Trademark Infringement ,
Trademarks
A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy. There, a boulder dislodged from a hillside and...more
8/23/2022
/ Arbitration ,
Bad Faith ,
Bodily Injury ,
Commercial General Liability Policies ,
Condominium Associations ,
Consumer Fraud ,
Duty to Defend ,
Homeowner's Insurance ,
MT Supreme Court ,
NJ Supreme Court ,
Property Damage
A recent federal appeals court case applying Utah law goes to the heart of the conflict that arises between a policyholder and insurer when an insurer defends a policyholder under a reservation of rights and receives a...more
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues.
The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more
7/20/2021
/ Appellate Courts ,
Arson ,
Assault ,
Attorney Malpractice ,
Bad Faith ,
Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Discharge of Pollutants ,
Duty to Defend ,
Elder Abuse ,
FL Supreme Court ,
Fraudulent Concealment ,
Insurance Industry ,
Invasion of Privacy ,
KY Supreme Court ,
Living Trust ,
MSHA ,
Pollution Exclusion ,
Securities and Exchange Commission (SEC) ,
TCPA ,
WI Supreme Court
In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments.
Federal courts determine whether a debt collector is...more
4/23/2021
/ Bad Faith ,
Bitcoin ,
Business Partners ,
Car Accident ,
Debt Collection ,
Defense Costs ,
Duty to Defend ,
Emotional Injury Claims ,
Environmental Claims ,
Environmental Protection Agency (EPA) ,
FDCPA ,
Hackers ,
IN Supreme Court ,
Medical Devices ,
Medical Marijuana ,
Mortgages ,
NH Supreme Court ,
NV Supreme Court ,
Phishing Scams ,
Ransomware ,
Reimbursements ,
TCPA ,
Workers' Compensation Claim ,
Workplace Injury