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
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
7/25/2024
/ Anti-Assignment Clauses ,
Asbestos Litigation ,
Bankruptcy Court ,
Horizontal Exhaustion Doctrine ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
McCarran-Ferguson Act ,
Policy Exclusions ,
Pollution Exclusion ,
SCOTUS ,
Truck Insurance Exchange v Kaiser Gypsum Co Inc
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 July Insurance Update is here. This is what we discuss.
“Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more
7/21/2022
/ Business Pursuits ,
Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
Earthquakes ,
Fracking ,
IN Supreme Court ,
Negligence ,
Oil & Gas ,
Oil Wells ,
OK Supreme Court ,
Policy Exclusions ,
Pollution Exclusion ,
Subrogation
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...more
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
Here is what you will find in our August Insurance Update:
•Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms-
•Fifth Circuit Finds Insurer...more
8/23/2021
/ Bodily Injury ,
Credit Cards ,
D&O Insurance ,
Data Breach ,
False Arrest ,
Insurance Industry ,
Mine Safety and Health Administration (MSHA) ,
Personal Information ,
Pollution Exclusion ,
Ponzi Scheme ,
State Securities Claims ,
Wrongful Acts
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
Our November Insurance Update touches upon some novel issues.
•Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy?
•Must a workers’...more
11/19/2020
/ Auto Insurance ,
Commercial General Liability Policies ,
Construction Contracts ,
Contaminated Properties ,
Contractors ,
D&O Insurance ,
Hazardous Substances ,
Insurance Industry ,
Landlords ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Methamphetamine ,
Pollution Exclusion ,
Rental Property ,
Third-Party ,
Workers' Compensation Claim