A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to...more
As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors. When representing a carrier for a general contractor, one of the first questions the...more
Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more
The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers. Under this new law, a liability insurer who defends an insured may file suit against other insurers...more
A federal court in Michigan just breathed new life into a long-running legal saga—while at the same time issuing a warning shot across the bows of insurers—by declining to dismiss an insured’s bad faith cause of action...more
Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more
In Start to Finish Restoration LLC v. Homeowner’s Choice Property & Cas. Ins. Co., 2D15-2206 (Fla. 2d DCA June 10, 2016), the Second District doubled down on its holding in Bioscience West, Inc. v. Gulfstream Property &...more