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August 2024 Insurance Update

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

Insurance Update - July 2024

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

Insurance Update - June 2024

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

Insurance Update - May 20 2024

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

Insurance Update - April 2024

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

Insurance Update - March 2024

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

Insurance Update - February 23, 2024

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

Insurance Update - January 2024

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

Insurance Update - December 2023

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

Insurance Update - October 23, 2023

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

Insurance Update - September 2023

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

Insurance Update - August 2023

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

Insurance Update - July 2023

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

Insurance Update - June 2023

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

Insurance Update - May 2023

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

Insurance Update - April 17, 2023.

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

Insurance Update - March 16, 2023

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

Insurance Update - May 18 2022

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

Insurance Update - April 2022

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

Insurance Update - February 2022

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

Justices May Hesitate to Review Calif. Fraud Coverage Case

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

Insurance Update - December 2021

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

Insurance Update - November 2021

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

Insurance Update - October 2021

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

Insurance Update- September 2020

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

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