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
5/20/2024
/ Appellate Courts ,
Breach of Duty ,
Defense Costs ,
Duty of Care ,
Duty to Defend ,
Employee Retirement Income Security Act (ERISA) ,
Homeowners ,
Insurance Claims ,
Intellectual Property Protection ,
Misappropriation ,
PA Supreme Court ,
Securities Violations ,
Wrongful Death
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
5/18/2023
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Material Misstatements ,
Medicare ,
Professional Liability ,
Qui Tam ,
TX Supreme Court
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
5/19/2022
/ Appellate Courts ,
Assignment of Benefits (AOB) ,
Bodily Injury ,
Business Interruption ,
Car Accident ,
Contaminated Properties ,
Coronavirus/COVID-19 ,
Duty of Care ,
Good Faith ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Negligence ,
Opioid ,
Post-Loss Claims ,
Property Damage ,
Public Nuisance ,
SC Supreme Court ,
Supply Chain ,
TX Supreme Court
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
4/21/2022
/ Amtrak ,
Appellate Courts ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
Data Breach ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
Notice Requirements ,
Pollution Liability Insurance ,
Prejudice ,
Property Damage ,
Retroactivity ,
Securities ,
Subpoenas ,
Target
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
10/19/2021
/ Appellate Courts ,
Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Business Losses ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Insurance Claims ,
Insurance Industry ,
Misrepresentation ,
OIG ,
Personal Information ,
Prejudice ,
Professional Service Exclusion ,
Qui Tam ,
Subpoenas ,
USAA
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
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 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
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
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