In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more
In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more
In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more
9/18/2023
/ Car Accident ,
Consumer Insurance Products ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Lyft ,
Motor Vehicles ,
Policy Terms ,
Ridesharing ,
Transportation Network Companies ,
Uninsured and Under-Insured Motorists
On May 3, 2023, the Seventh Circuit Court of Appeals, in Astellas US Holding Inc. v. Federal Insurance Co., held that a liability insurer was required to contribute its limits toward its insured’s payment to settle potential...more
6/5/2023
/ Anti-Kickback Statute ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Fraud ,
Insurance Claims ,
Insurance Litigation ,
Kickbacks ,
Liability Insurance ,
Medicare ,
Popular ,
Restitution
As the Florida Legislature and Florida courts continue to grapple with the issue of assignments of benefits in property claims, the Fourth District Court of Appeal recently weighed in on a matter involving the validity of a...more
In Saunders v. Florida Peninsula Insurance Co., a Florida appellate court recently determined whether a faulty workmanship exclusion in a homeowner’s policy applied to a property loss caused by a contractor....more
The Florida Third District Court of Appeal recently ruled that an insurer did not waive its right to appraisal after choosing to cover only part of a property damage loss claimed by its insured. The case, People’s Tr. Ins....more
Various homeowner’s insurance policies contain an appraisal clause that a carrier or insured may invoke in situations where there is a dispute in damages between the parties. ...more
A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more
2/18/2020
/ Asset Recovery ,
Auto Insurance ,
Automotive Loans ,
Breach of Contract ,
Car Accident ,
Consumer Financial Products ,
Consumer Lenders ,
Duty to Protect ,
Insurable Interests ,
Insurance Claims ,
Insurance Litigation ,
Lease Financing ,
Lienholders ,
Loss Payee ,
Policy Terms ,
Progressive Casualty Insurance Company ,
Property Damage ,
Repairs ,
Summary Judgment ,
Third-Party Beneficiaries