News & Analysis as of

Commercial General Liability Policies Motion to Dismiss

White and Williams LLP

Insurance Enters the Fray: Southern District of New York Finds Insurrectionary Intent Sufficient to Apply War Exclusion

White and Williams LLP on

In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

Holland & Knight LLP on

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

Saul Ewing LLP

Middle District of Florida Denies Motion to Dismiss Statutory Bad Faith Claim Pending Resolution of Coverage Issues

Saul Ewing LLP on

In October 2012, James Lee fell and injured his back when the Real Space Pro 9000 Quantum Chair he was sitting on broke. Mr. Lee filed suit against Raynor Marketing, LTD. and Office Depot. Raynor sold the chair to Office...more

Steptoe & Johnson PLLC

Third-Party Bad Faith Is Dead Again!

Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - April 2017"

In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Saul Ewing Arnstein & Lehr LLP

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

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