We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
1/23/2025
/ Abatement ,
Appellate Courts ,
Business Closures ,
Business Losses ,
Car Accident ,
Coronavirus/COVID-19 ,
CT Supreme Court ,
Damages ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
OH Supreme Court ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Unfair or Deceptive Trade Practices ,
Workers’ Compensation
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more
12/19/2024
/ Auto Insurance ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
D&O Insurance ,
Defamation ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Johnny Depp ,
Liability Insurance ,
Policy Exclusions ,
Policy Terms
There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more
10/23/2024
/ Bodily Injury ,
Claims Adjusters ,
Distributors ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Manufacturers ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Sellers ,
Subpoenas
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
9/19/2024
/ Aircraft ,
Business Losses ,
CA Supreme Court ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
False Statements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Misrepresentation ,
Policy Terms ,
Property Damage
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
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 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