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
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
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
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases.
The state high courts address:
•From whose perspective should a consent-to-settle provision be judged?
•What standard...more
3/18/2021
/ Appellate Courts ,
Attorney Malpractice ,
AZ Supreme Court ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Executives ,
Data Breach ,
Declaratory Judgments ,
Default Judgment ,
Duty to Defend ,
Email ,
Failure To Disclose ,
Fire Insurance ,
Forgery ,
Fraudulent Transfers ,
Hackers ,
Homeowners ,
Independent Contractors ,
Insurance Industry ,
Insurance Litigation ,
Insurer Liability ,
KY Supreme Court ,
Mediation ,
Motion for Summary Judgment ,
MT Supreme Court ,
NE Supreme Court ,
Objective Standard ,
Phishing Scams ,
Property Damage ,
Reservation of Rights ,
Spoofing ,
State Farm ,
Stocks ,
Summary Judgment ,
Target ,
Texas ,
Wells Fargo ,
Wire Fraud
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
Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts.
We begin with a new twist on pandemic-related claims. ...more
1/26/2021
/ Bicycles ,
Breach of Contract ,
Captive Insurance Company ,
Coronavirus/COVID-19 ,
Easements ,
Harassment ,
KY Supreme Court ,
Motor Vehicles ,
MT Supreme Court ,
OK Supreme Court ,
Pedestrians ,
Pollution Liability Insurance ,
Property Insurance ,
TN Supreme Court ,
Unfair Claims Settlement Practices Act ,
Uninsured and Under-Insured Motorists ,
WA Supreme Court
Here is what we cover in our December Insurance Update.
In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy.
A New Jersey federal judge considers whether...more
12/18/2020
/ Appellate Courts ,
Auto Insurance ,
Class Action ,
Copyright Infringement ,
Disparagement ,
Email ,
False Statements ,
IL Supreme Court ,
Insurance Litigation ,
Lanham Act ,
Salmonella ,
Spoofing ,
Summary Judgment
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
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
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
In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers....
There were some important decisions over the past month from state high courts....more
4/28/2020
/ Biometric Information ,
Business Interruption ,
CA Supreme Court ,
Commercial Insurance Policies ,
Compensatory Damages ,
Coronavirus/COVID-19 ,
Homeowner's Insurance ,
Insurance Claims ,
Loss of Income ,
Malicious Prosecution ,
Pro Rata Sharing ,
Risk Retention ,
TX Supreme Court
First and foremost, we hope everyone is staying safe and healthy.
As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult...more