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Insurance Civil Procedure

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Less Than Two Weeks Before Trial, District Court Judge In Utica V. Fireman’s Fund Rules On Motions In Limine

by Carlton Fields on

This case concerns an action filed by Utica Mutual Insurance Company (Utica) against its reinsurer, Fireman’s Fund Insurance Company (FFIC) seeking to enforce certain reinsurance contracts against FFIC with respect to...more

Insurers Beware: New York Rules May Apply to Policies Neither Issued nor Delivered in State

by Cozen O'Connor on

New York Insurance Law section 3420, which applies to policies issued on or after January 17, 2009, contains a number of provisions and requirements that have a significant impact on liability claims handling. For example,...more

Exhausting Coverage: California Supreme Court Agrees to Weigh in on Conflict Between Horizontal Versus Vertical Exhaustion

by Reed Smith on

The Supreme Court of California has accepted review of Montrose Chemical Corporation v. Superior Court, 14 Cal.App.5th 1306 (App. 2nd Dist. 2017), a decision in which the Court of Appeal required a policyholder to prove...more

Florida Court Rejects Property Insurer’s Effort To Limit Assignment Of Benefits

by Carlton Fields on

An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a...more

Off the Reservation (of Rights): South Carolina Speaks on CGL Insurer Notification Requirements

Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the...more

Northern District Of Georgia Orders Cedent To Produce Information On Its Payment Of Claims

by Carlton Fields on

Defendant Golden Isles Reinsurance Company, Limited (“Golden Isles”) sought detailed information regarding individual claims Canal Insurance Company (“Canal”) submitted for reimbursement under the parties’ reinsurance...more

Defining Prompt Notice in Florida Insurance Policies

by Zelle LLP on

Hurricane Irma was both the strongest Cape Verde-type hurricane observed in the Atlantic and the most intense Atlantic hurricane to strike the United States since Katrina and Wilma in 2005. Hurricane Irma was also the first...more

Finally, a happy Additional Insured!

by Butler Snow LLP on

We have noted, again and again, examples of disappointed Additional Insureds. Today we report that at least one Additional Insured has left the Courthouse smiling. It was, however, to paraphrase Wellington, a near-run...more

Court Enforces Exclusion of Products Claims From Intercompany Arbitration Agreement

In State Farm General Insurance Co. v. Watts Regulator Co. (No. B271236, filed 11/30/17), a California appeals court held that a manufacturer could not compel intercompany arbitration of an insurer’s subrogation claim,...more

Recent Victories for PK Law Flood Team

by Pessin Katz Law, P.A. on

The PK Law Flood Team handles litigation for a variety of carriers in several jurisdictions including federal and state courts in Maryland, Pennsylvania, New Jersey, New York, New Hampshire, Tennessee, North Carolina,...more

“Myopic” Ruling Limits Policyholders’ Ability to Recover for Common Law Bad Faith in West Virginia

by Reed Smith on

The Supreme Court of Appeals of West Virginia has made it harder for policyholders to prevail on claims of common law bad faith against insurers in that state. In State of West Virginia ex rel. State Auto Property Insurance...more

Discovery Dispute In Cost Of Insurance Case Considers Relevance, Statutory Privilege, And Adequacy Of Objections

by Carlton Fields on

In a putative class action alleging that a life insurer engaged in an elaborate scheme to pay stockholders huge dividends by shifting its obligations to reinsurers operating in jurisdictions with weak oversight and...more

State Appeals Courts Rule on ‘That Particular Part’ Exclusions

by Farella Braun + Martel LLP on

Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...more

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

by Jaburg Wilk on

The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more

Odyssey Reinsurance Obtains $3.2 Million Default Judgment And Injunctions Stemming From Fraudulent Transfers Made By Underwriter

by Carlton Fields on

Odyssey Reinsurance Company obtained a $3.2 million default judgment on October 4, 2017, against Cal-Regent Insurance Services Corporation and Pacific Brokers Insurance Services (“PBIS”) as a result of fraudulent transfers...more

Court Affirms Dismissal Of Claim For Commissions For Placement Of Puerto Rican Public Liability Insurance

by Carlton Fields on

Plaintiffs Berkley Risk Solutions LLC, an insurance and reinsurance management services provider, and Admiral Insurance Co., an excess and surplus lines insurer, sued Industrial Re-International Inc., a New York reinsurance...more

Insurer Reporting of Total Loss to DMV is Subject to Qualified Privilege and Court Explains Admissibility of Claim Documents

In Klem v. Access Insurance Co. (No. 17D070623, filed 11/20/17), a California appeals court analyzed the admissibility of claim file documents as evidence, and held that an insurer’s reporting of a vehicle total loss...more

Long-Time Reinsurance Attorney Ruled Not Qualified To Arbitrate 9/11 World Trade Center Reinsurance Dispute

by Carlton Fields on

An attorney with “considerably more than ten years’ experience of insurance and reinsurance law” has been deemed unqualified to arbitrate a reinsurance dispute stemming from the September 11, 2001 terrorist attack on the...more

Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it...more

Blog: High Court Rules That Certain Provisions Of Domestic Motor Insurance Law Contravene Insurance Directive 2009/103

by Cooley LLP on

In RoadPeace v Secretary of State for Transport & Motor Insurers’ Bureau (Interested Party) [2017] EWHC 2725 (Admin), the claimant – a road safety charity – claimed that certain provisions of UK law relating to compulsory...more

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

by Rumberger Kirk & Caldwell on

First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

Mistake #1 about Michigan No Fault replacement services

by Michigan Auto Law on

Be warned — submitting false replacement services forms will forfeit a car crash victim from receiving Michigan auto No Fault benefits. I’ve represented several hundred Michigan car crash victims in my 22 years as an auto...more

California Court Confirms Broad Coverage Under "Ongoing Operations" Endorsements

by Payne & Fears on

A California Court of Appeal has confirmed that additional insured endorsements (“AIE”) granting coverage for liability arising out of a named insured’s “ongoing operations,” and in effect during those “ongoing operations,”...more

Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional...more

Court Rules Again On Motion To Dismiss In Matter Involving Unfiled Rates Charged Under Reinsurance Agreement

by Carlton Fields on

On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the “EquityComp”...more

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