On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now...more
Pursuant to Florida Statutes section 624.307, the Florida Office of Insurance Regulation (OIR) has provided notice to required insurance filers to file catastrophe claims data for Hurricane Ian. A list of required filers can...more
In Joy Global Inc. v. Columbia Casualty Co., Judge Lynn Adelman of the Eastern District of Wisconsin addressed whether certain shareholder claims fell under a carve-out of coverage for “inadequate consideration claims.”...more
Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic.
In the last two weeks, the new trend has...more
In a few short weeks following the COVID-19 outbreak in China, the world turned upside down. As governments scramble to contain the spread of the virus, the impact on individuals and businesses is just beginning. Inevitably,...more
In the world of M&A and private equity deals, buyer-side representation and warranties insurance (RWI) transfers the risk of a seller’s representation to an insurer. To adequately safeguard the insurer, it therefore becomes...more
A federal court has found no coverage for a $42 million whistleblower settlement due to the insured’s failure to timely report the claim to its carrier. PAMC, Ltd. v. National Union Fire Insurance Company of Pittsburgh, Pa.,...more
2/26/2019
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Insurance ,
Insurance Claims ,
Medicaid ,
Medicare ,
National Union ,
Qui Tam ,
Settlement Agreements ,
Statute of Limitations ,
Whistleblowers
Because Hurricane Harvey claims may be taking you and your colleagues to different states, we thought it might be helpful to bear in mind the claims adjusting standards and regulations in those states that will likely be...more
The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty...more
6/16/2017
/ AIG ,
Bad Faith ,
Breach of Contract ,
Denial of Insurance Coverage ,
Firearms ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Security ,
Umbrella Policies
The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act.
On January 4, the U.S. District Court for the Central...more
1/24/2017
/ AIG ,
Bad Faith ,
CFCA ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Duty to Defend ,
False Claims Act (FCA) ,
Indemnity Insurance ,
Insurance Code ,
Insurance Industry ,
Insurance Litigation ,
Office Depot ,
Public Entities ,
Summary Judgment ,
Willful Misconduct
Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that...more
A federal court has ruled that a whistleblower suit under California’s False Claims Act alleged a “willful act” that cannot be covered by liability insurance.
In Office Depot Inc. v. AIG Specialty Insurance Company, Case...more
On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims...more
9/25/2015
/ Bankruptcy Court ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Commercial Bankruptcy ,
Corporate Officers ,
D&O Insurance ,
Debtors ,
Fiduciary Duty ,
Insurance Industry ,
Mismanagement ,
Securities Litigation
On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The...more
On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held...more
Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts.
Q: What is the most challenging case you have worked on and what made it challenging?
Originally...more
In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more