Our December Insurance Update features a few firsts from state high courts. For the first time:
•The Supreme Court of Hawaii addresses reimbursement of defense costs.
•The Supreme Court of Illinois addresses coverage for...more
12/21/2023
/ Bodily Injury ,
Carbon Monoxide Exposure ,
Commercial General Liability Policies ,
Construction Defects ,
Defamation ,
Defense Costs ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Professional Liability Insurance ,
Property Damage ,
Property Insurance ,
Reimbursements ,
Trademarks ,
Triggering Event
Here’s what we discuss in our October Insurance Update.
Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”-
Massachusetts (federal): Insurer May Consider Sums...more
10/24/2023
/ Bodily Injury ,
Claims Made Policy ,
Clean Water Act ,
Defense Costs ,
Denial of Insurance Coverage ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Illinois ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Occurrence ,
Opioid ,
Policy Exclusions ,
Professional Service Exclusion ,
Property Damage
Mental state, in some form, is the common theme running through our first three cases this month.
The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more
8/22/2023
/ Assault ,
Bodily Injury ,
Breach of Duty ,
Duty to Defend ,
Fiduciary Duty ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Listeria ,
Mental Health ,
No-Fault Insurance ,
OH Supreme Court ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Subpoenas
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
2/17/2023
/ Bodily Injury ,
Business Closures ,
Business Interruption ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
Duty to Defend ,
First Impression ,
Insurance Industry ,
Insurance Litigation ,
Opioid ,
Pollution Exclusion ,
Professional Liability
It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.
The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more
1/25/2023
/ Bodily Injury ,
Breach of Duty ,
Business Losses ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Fiduciary Duty ,
General Contractors ,
Insurance Brokers ,
Insurance Industry ,
Insurance Litigation ,
Intangible Property ,
Life Insurance ,
NC Supreme Court ,
OH Supreme Court ,
Pro Rata Allocation Rule ,
Ransomware ,
Suicide ,
Workers' Compensation Claim
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
Some important insurance decisions were handed down over the past month.
We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more
9/22/2022
/ Abatement ,
Actual Damages ,
Bodily Injury ,
Business Closures ,
Claims Made Policy ,
Commercial General Liability Policies ,
Computer Fraud Insurance ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Duty to Defend ,
Hazardous Substances ,
Insurance Industry ,
Lead Paint ,
OH Supreme Court ,
Pharmaceutical Industry ,
SC Supreme Court ,
Theft ,
WA Supreme Court ,
Wrongful Death
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
You’ll find some notable decisions in our May Insurance Update.
Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more
5/19/2022
/ Appellate Courts ,
Assignment of Benefits (AOB) ,
Bodily Injury ,
Business Interruption ,
Car Accident ,
Contaminated Properties ,
Coronavirus/COVID-19 ,
Duty of Care ,
Good Faith ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Negligence ,
Opioid ,
Post-Loss Claims ,
Property Damage ,
Public Nuisance ,
SC Supreme Court ,
Supply Chain ,
TX Supreme Court
Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more
3/22/2022
/ ASIC ,
Assault ,
Bodily Injury ,
Collusion ,
Confidential Information ,
CT Supreme Court ,
Duty to Defend ,
Evidence ,
Extrinsic Evidence ,
Fire Insurance ,
Insurance Industry ,
Malware ,
No Contest Clause ,
Property Damage ,
Property Insurance ,
Reservation of Rights ,
State Attorneys General ,
Trademark Infringement ,
TX Supreme Court
Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update.
•A county experienced higher costs due to the opioid crisis. Does its...more
2/23/2022
/ Advertising ,
Bodily Injury ,
Contaminated Properties ,
Duty to Defend ,
Email ,
Environmental Violations ,
Fraud ,
Fraudulent Transfers ,
GEICO ,
Insurance Claims ,
Insurance Industry ,
Logos ,
Opioid ,
Pharmacies ,
Property Damage ,
Trade Dress
Our December Insurance Update features four cases.
The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy.
A Texas appellate court considers, for a second time, if damage from...more
12/21/2021
/ Bodily Injury ,
Demolition ,
Employee Retirement Income Security Act (ERISA) ,
Homeowners ,
Insurance Claims ,
Insurance Industry ,
MN Supreme Court ,
Policy Exclusions ,
Property Damage ,
Property Insurance ,
Public Policy ,
Trustees
We bring you our November Insurance Update.
Here’s what happened over the past month.
Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more
11/22/2021
/ Bodily Injury ,
Business Interruption ,
Business Losses ,
Car Accident ,
Causation ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Homicide ,
Injunctive Relief ,
Insurance Claims ,
Insurance Industry ,
NV Supreme Court ,
Policy Exclusions ,
Property Damage ,
Statutory Damages ,
TCPA ,
Telemarketing
Here is what you will find in our August Insurance Update:
•Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms-
•Fifth Circuit Finds Insurer...more
8/23/2021
/ Bodily Injury ,
Credit Cards ,
D&O Insurance ,
Data Breach ,
False Arrest ,
Insurance Industry ,
Mine Safety and Health Administration (MSHA) ,
Personal Information ,
Pollution Exclusion ,
Ponzi Scheme ,
State Securities Claims ,
Wrongful Acts
Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy.
In our June Insurance Update:
The Illinois Supreme Court decides whether disclosure of biometric...more
6/24/2021
/ Biometric Information Privacy Act ,
Bodily Injury ,
Breach of Contract ,
CAN-SPAM Act ,
Class Action ,
Commercial General Liability Policies ,
Forgery ,
IL Supreme Court ,
Opioid ,
Property Managers ,
TCPA ,
VIZIO ,
Wire Fraud
We bring you our May Insurance Update.
In this month’s update:
•The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more
5/24/2021
/ Appeals ,
Appellate Courts ,
Bodily Injury ,
Common Law Claims ,
Construction Defects ,
Damages ,
False Advertising ,
Leases ,
Liability ,
Misrepresentation ,
MN Supreme Court ,
Pollution Exclusion ,
Summary Judgment ,
TCPA ,
Unsolicited Faxes ,
Your Work Exclusions
Our February insurance update discusses several issues involving first-party and third-party insurance claims.
•The Florida Supreme Court answers a certified question about the type of damages available to first-party...more
2/18/2021
/ Bodily Injury ,
Commercial General Liability Policies ,
Contractors ,
Damages ,
FL Supreme Court ,
Groundwater ,
Homeowners ,
Insurance Industry ,
Oil Spills ,
Partial Summary Judgments ,
Property Damage
Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion
The Eleventh Circuit, affirming the...more
8/21/2020
/ Blood Tests ,
Bodily Injury ,
Clinical Laboratories ,
Construction Site ,
Conversion ,
Duty to Defend ,
Extrinsic Evidence ,
False Reporting ,
Four-Corners Rule ,
Fraud ,
Human Trafficking ,
Make-Whole Doctrine ,
Medical Testing ,
Negligence ,
Policy Exclusions ,
Self-Insurance ,
State and Local Government ,
Subrogation ,
Trademark Infringement ,
Wages ,
Waste
We bring you our July Insurance Update.
Perhaps the biggest news this month comes out of Michigan.
At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more
7/16/2020
/ Abatement ,
Appellate Courts ,
Assault ,
Bodily Injury ,
CA Supreme Court ,
Class Action ,
DPPA ,
Faulty Workmanship ,
Garnishment ,
Marketing ,
MI Supreme Court ,
Personal Data ,
Pesticides ,
Privacy Laws ,
Recycling ,
Subcontractors ,
Trademark Infringement ,
Trademarks ,
Umbrella Policies ,
Wal-Mart ,
Waste Disposal