Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
6/24/2024
/ Bitcoin ,
Business Interruption ,
Business Losses ,
Civil Liability ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Material Misrepresentation ,
Negligence ,
NJ Supreme Court ,
No-Fault Insurance ,
Professional Liability ,
Terrorism Insurance
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention.
The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
4/18/2023
/ Advertising ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Insurance Claims ,
Insurance Industry ,
LA Supreme Court ,
Liability Insurance ,
Pollution Exclusion ,
TCPA
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
2/17/2023
/ Bodily Injury ,
Business Closures ,
Business Interruption ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
Duty to Defend ,
First Impression ,
Insurance Industry ,
Insurance Litigation ,
Opioid ,
Pollution Exclusion ,
Professional Liability
Our November Insurance Update covers several topics.
We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more
11/22/2022
/ Air Pollution ,
Bad Faith ,
Bodily Injury ,
Business Interruption ,
Coronavirus/COVID-19 ,
DE Supreme Court ,
First-Party Coverage ,
Insurance Industry ,
NE Supreme Court ,
Trade Dress ,
Trademark Infringement ,
Trademarks
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update.
And in honor of the month’s most treasured sporting event, the Fall Classic, we...more
10/25/2022
/ Auto Insurance ,
Biometric Information Privacy Act ,
Business Interruption ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Duty to Defend ,
Insurance Industry ,
Insurrection ,
Intentional Torts ,
Kidnapping ,
Negligence ,
Personal Information ,
Umbrella Policies ,
Uninsured and Under-Insured Motorists ,
Western Union ,
Wire Fraud ,
Wrongful Death
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
We bring you our November Insurance Update.
Here’s what happened over the past month.
Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more
11/22/2021
/ Bodily Injury ,
Business Interruption ,
Business Losses ,
Car Accident ,
Causation ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Homicide ,
Injunctive Relief ,
Insurance Claims ,
Insurance Industry ,
NV Supreme Court ,
Policy Exclusions ,
Property Damage ,
Statutory Damages ,
TCPA ,
Telemarketing
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
September. Synonymous with back to school, the end of summer, and the start of the NFL season. And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the...more
9/20/2021
/ Arbitration ,
Business Interruption ,
Business Losses ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Debt Collection ,
FDCPA ,
Insurance Industry ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Misrepresentation ,
Pollution Exclusion ,
Property Damage ,
Reimbursements ,
Reservation of Rights
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
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
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