In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more
6/13/2025
/ Appeals ,
Appellate Courts ,
Bad Faith ,
Denial of Insurance Coverage ,
Expert Reports ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Summary Judgment
In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more
2/4/2025
/ Construction Contracts ,
Construction Litigation ,
Contractors ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Real Estate Development ,
Risk Management
In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more
In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more
9/7/2021
/ Anti-Concurrent Causation Clauses ,
Bad Faith ,
Breach of Contract ,
Denial of Insurance Coverage ,
Hurricane Laura ,
Insurance Claims ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Real Estate Market ,
Severe Weather
The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to...more
4/16/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more
A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation. In Otsuka...more
10/29/2019
/ Breach of Contract ,
Confidential Communications ,
Corporate Counsel ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Disclosure Requirements ,
Discovery ,
Discovery Disputes ,
Insurance Claims ,
Insurance Litigation ,
Investigations ,
Jurisdiction