We touch upon various issues in our August insurance update.
The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
7/25/2024
/ Anti-Assignment Clauses ,
Asbestos Litigation ,
Bankruptcy Court ,
Horizontal Exhaustion Doctrine ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
McCarran-Ferguson Act ,
Policy Exclusions ,
Pollution Exclusion ,
SCOTUS ,
Truck Insurance Exchange v Kaiser Gypsum Co Inc
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
6/24/2024
/ Bitcoin ,
Business Interruption ,
Business Losses ,
Civil Liability ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Material Misrepresentation ,
Negligence ,
NJ Supreme Court ,
No-Fault Insurance ,
Professional Liability ,
Terrorism Insurance
Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more
5/20/2024
/ Appellate Courts ,
Breach of Duty ,
Defense Costs ,
Duty of Care ,
Duty to Defend ,
Employee Retirement Income Security Act (ERISA) ,
Homeowners ,
Insurance Claims ,
Intellectual Property Protection ,
Misappropriation ,
PA Supreme Court ,
Securities Violations ,
Wrongful Death
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more
4/12/2024
/ Anti-Stacking Provisions ,
Auto Insurance ,
Breach of Contract ,
D&O Insurance ,
Federal Arbitration Act ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Notice Prejudice Rule ,
Policy Exclusions ,
Policy Terms ,
Professional Liability Insurance ,
Rescission ,
Storm Damage ,
Uninsured and Under-Insured Motorists ,
Wrongful Acts
We begin with three state supreme court decisions answering these questions:
• A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
3/20/2024
/ Biometric Information Privacy Act ,
Claims Made Policy ,
Damages ,
DE Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Mass Tort Litigation ,
MI Supreme Court ,
No-Fault Insurance ,
Trade Secrets
In this month’s insurance update, we address:
•Whether opioid suits allege an occurrence -
•Whether the recurring presence of wild turkeys is “infestation” -
•Whether improper copying of an industry publication was in...more
2/23/2024
/ Commercial General Liability Policies ,
Copyright Infringement ,
Eviction ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Leases ,
Natural Person Requirement ,
Opioid ,
Pest Infestation ,
Policy Exclusions ,
Pollution Liability Insurance ,
Professional Liability Insurance ,
Property Damage ,
Tenants ,
USAA
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 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
We touch upon several topics in our September Insurance Update.
We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
9/26/2023
/ Affirmative Action ,
Aircraft ,
Civil Rights Act ,
Claims Made Policy ,
Data Breach ,
Failure to Notify ,
Harvard University ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Invasion of Privacy ,
Late Notices ,
Loss of Use ,
Medical Certification Requests ,
Policy Exclusions ,
Policy Terms ,
Pro Rata Allocation Rule ,
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
We bring you our July Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the...more
7/18/2023
/ Business Exclusion ,
Claims Made Policy ,
Faulty Workmanship ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
KY Supreme Court ,
Notice Prejudice Rule ,
Property Damage ,
Umbrella Policies ,
Water Pollution ,
WI Supreme Court
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update.
When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
6/20/2023
/ Advertising Injury ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Insurance ,
False Advertising ,
Faulty Workmanship ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Intentional Torts ,
Merck ,
Negligence ,
Policy Exclusions ,
Professional Liability Insurance ,
Reservation of Rights
Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more
5/18/2023
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Material Misstatements ,
Medicare ,
Professional Liability ,
Qui Tam ,
TX Supreme Court
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention.
The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
4/18/2023
/ Advertising ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Insurance Claims ,
Insurance Industry ,
LA Supreme Court ,
Liability Insurance ,
Pollution Exclusion ,
TCPA
We bring you our March Insurance Update.
As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month.
In a dispute over the priority of coverage, the...more
3/16/2023
/ Bias ,
CT Supreme Court ,
Disinterested Parties ,
FEHA ,
FL Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
NJ Supreme Court ,
Policy Exclusions ,
Public Adjusters ,
Retaliation ,
Self-Insurance ,
State Farm ,
Umbrella Policies
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
Cases in our April Insurance Update address several questions:
•Are costs incurred to comply with a subpoena covered?
•What must an insured show to rebut the presumption of prejudice in a late notice situation?
•What...more
4/21/2022
/ Amtrak ,
Appellate Courts ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
Data Breach ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
Notice Requirements ,
Pollution Liability Insurance ,
Prejudice ,
Property Damage ,
Retroactivity ,
Securities ,
Subpoenas ,
Target
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
Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many...more
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’s our October Insurance Update.
The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court.
First, the Sixth Circuit joins the Eighth and...more
10/19/2021
/ Appellate Courts ,
Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Business Losses ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Insurance Claims ,
Insurance Industry ,
Misrepresentation ,
OIG ,
Personal Information ,
Prejudice ,
Professional Service Exclusion ,
Qui Tam ,
Subpoenas ,
USAA
We bring you our September Insurance Update.
A flurry of decisions over pandemic-related business interruption claims were handed down over the past month. We discuss many of these along with the MDL Panel’s decision not...more