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Insurance Civil Procedure

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

Colorado Court Holds No Coverage for Breach of Contract Claim

In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had...more

The Evolution of Ripeness Affords Additional Opportunities for Declaratory Judgment Actions

by Nexsen Pruet, PLLC on

In Colony Insurance Company v. Hucks Pool Company, Inc., et al. (February 15, 2018), based only upon a demand letter to Hucks from a claimant, Colony filed a declaratory judgment action that sought a determination whether it...more

Georgia Supreme Court Clarifies Insurance Company Is Not ‘Financial Institution’ In Garnishment Law

by Jackson Lewis P.C. on

An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees....more

Mushrooming Claims: Recognizing When Simple Claims Threaten to Expand Beyond What is Expected

by Pessin Katz Law, P.A. on

Introduction - In the not too distant past, claims and claims handling were generally predictable. There was an incident causing damage, then a demand, and a dispute largely about the amount that would be paid. More...more

Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a...

by Dorsey & Whitney LLP on

On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a...more

Recent New York Decision Offers Hope for Long-Overdue End to Resolute’s Free Pass

by Reed Smith on

In a promising development for policyholders, a New York state trial court recently signaled a potential end to the free pass courts often have provided to third-party claims administrators (TPAs), such as Resolute...more

Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred

by Carlton Fields on

In this putative class action, plaintiffs alleged unlawful practices related to mortgage insurance practices, including a violation of the Real Estate Settlement Procedures Act of 1974 (“RESPA”). ...more

Washington Court of Appeals Confirms Insurers Need Not Pay Defense Costs Pending Determination of Reasonableness and Late Notice...

by Lane Powell PC on

For many years, Washington courts have offered insurers little guidance about how to handle disputes about late notice or the reasonableness of defense costs while defending under a reservation of rights. In a recent...more

Proving Loss for Business Interruption a Cautionary Tale and a Bad Press

by Reed Smith on

The recent decision in Contact (Print and Packaging) Limited v. Travelers Insurance Company Limited [2018] EWHC 83 (TCC), handed down on 23 January 2018, serves as a salutary reminder that an insured pursuing an indemnity in...more

In Alabama, An Insurer’s Refusal To Honor $220,000 Scriveners Error Does Not Amount To Bad Faith

In anticipation of his mother’s death, a son called Metropolitan Life Insurance Company (MetLife) to request a copy of his mother’s life insurance policy, which he knew existed, but had never seen. A MetLife representative...more

No Coverage For Hole-In-One Contest, Says Fore-th Circuit Court of Appeals

by Carlton Fields on

They say a bad day on the golf course is better than a good day at work. For Old White Charities, Inc., a non-profit that conducted a hole-in-one contest during the Greenbrier Classic Pro-Am golf tournament, this could not be...more

S.D.N.Y. Dismisses Insurer’s Claims Against Reinsurance Broker Under Economic Loss Doctrine, Finds No Special Relationship

by Carlton Fields on

A New York federal court has dismissed a ceding insurer’s counterclaims against its reinsurance broker, finding the insurer’s claims for negligence and breach of fiduciary were barred by New York’s economic loss doctrine, and...more

Look Beneath The Surface: No Coverage For DC Row House Collapse Under Builder’s Risk Policy

by Carlton Fields on

The interpretation of a property insurance policy may seem like a dull endeavor, but courts sometimes face fundamental questions about what words mean, or how we conceptualize cause and effect. In Taja Investments LLC v....more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

A Theoretical Safety on the Trigger of the Duty to Defend

The Eleventh Circuit of the United States Court of Appeals recently decided Selective Insurance Company of the Southeast v. William P. White Racing Stables, Inc., et al., 2017 WL 6368843 (December 13, 2017), a case addressing...more

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

by Pepper Hamilton LLP on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

by Hogan Lovells on

Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more

District Court Largely Denies Defendants’ Requested Protective Order On Variety Of Discovery Requests In Consolidated Class...

by Carlton Fields on

On November 15, 2017, we reported on two class actions alleging that the “EquityComp” workers’ compensation insurance program marketed and sold by Applied Underwriters (“defendants”) violated California insurance law and...more

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...more

Spoliation of Evidence in Florida, What does the Jury Really Know?

by Cozen O'Connor on

Insurers pursuing subrogation claims in Florida often find that evidence necessary to establish their claim is in the possession of an adverse party. To discourage the destruction of evidence, Florida Rule of Civil Procedure...more

Not Every Refusal to Provide Coverage Equals Bad Faith

by Nexsen Pruet, PLLC on

A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South...more

Insurance Bad Faith Claims in the Age of AI Jim

by Zelle LLP on

On the evening of Dec. 23, 2016, at seven seconds after 5:49 p.m., the holder of a renter’s policy issued by upstart insurance company Lemonade tapped “submit” on the company’s smartphone app. Just three seconds later, he...more

WBK Secures Victory in RESPA Reinsurance Suit

by Weiner Brodsky Kider PC on

On January 19, 2018, the U.S. District Court for the Western District of Pennsylvania dismissed a putative class action against Citibank, N.A., CitiMortgage, Inc., and other entities in connection with arrangements for the...more

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

by Carlton Fields on

This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

Fixing Problems in the Texas Insurance Appraisal Process

by Zelle LLP on

In Scottish Union & National Insurance vs. Clancy, the Supreme Court of Texas held that compliance with an appraisal provision in an insurance policy was a condition precedent to suit and had not been waived by the insurance...more

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