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
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
Our November Insurance Update touches upon some novel issues.
•Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy?
•Must a workers’...more
11/19/2020
/ Auto Insurance ,
Commercial General Liability Policies ,
Construction Contracts ,
Contaminated Properties ,
Contractors ,
D&O Insurance ,
Hazardous Substances ,
Insurance Industry ,
Landlords ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Methamphetamine ,
Pollution Exclusion ,
Rental Property ,
Third-Party ,
Workers' Compensation Claim
Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases
As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more
10/19/2020
/ Appeals ,
Business Interruption ,
Commercial Insurance Policies ,
Construction Disputes ,
Contaminated Properties ,
Contamination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Drinking Water ,
Duty to Defend ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Protection Agency (EPA) ,
ERISA Litigation ,
Florida ,
Hazardous Substances ,
Motion To Centralize ,
Multidistrict Litigation ,
Policy Exclusions ,
Pollution Liability Insurance ,
Reversal ,
State and Local Government ,
Summary Judgment ,
Texas ,
Waste Management ,
Water Pollution