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Lowenstein Sandler LLP

Ambiguities Bite Back: Second Circuit Reaffirms Commitment to Construing Ambiguous Terms in Favor of Coverage

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The Second Circuit’s recent decision affirming a $54.2 million recovery for CITGO signals the judiciary’s renewed commitment to a bedrock principle of insurance law: Ambiguous policy language must be construed in favor of...more

Husch Blackwell LLP

Second Circuit Affirms $54 Million Judgment for Loss "Arising From" Insurrection

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In CITGO Petroleum v. Ascot Underwriting Limited, et al., Case No. 24-227 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit recently affirmed a $54.2 million judgment (plus interest) in favor of CITGO Petroleum...more

Bradley Arant Boult Cummings LLP

New Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” Exclusions

A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can defeat policy exclusions...more

Wiley Rein LLP

Criminal Indictment of Supervisor May Not be a Claim “By or on Behalf of” Minor Employee under EPL Policy

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The U.S. District Court for the Southern District of Ohio, applying Ohio law, has held that it cannot conclude as a matter of law whether a criminal indictment brought by the state based on sexual harassment of a minor...more

Wiley Rein LLP

Policyholder’s Notice of Claim Does Not Satisfy Notice Requirement for Other Insureds

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The United States District Court for the Central District of California, applying California law, has held that coverage was barred for insureds who did not give timely notice, despite timely notice by the policyholder. The...more

Conn Kavanaugh

A Hollywood Illustration of the Prior Knowledge Exclusion in Claims-Made Insurance Policies

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The “prior knowledge exclusion” is an important provision to understand in the world of claims-made insurance policies. A typical prior knowledge exclusion specifies that the policy may provide coverage for a claim only if,...more

Wiley Rein LLP

Known Risk, No Coverage: Prior Knowledge Exclusion Applies Based on Probate Allegations

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The United States District Court for the District of New Jersey, applying New Jersey law, has held that a prior knowledge exclusion barred coverage for a legal malpractice claim arising from a probate dispute because a...more

Maison Law

Policy Limits and Bad Faith Claims: What California Car Accident Victims Need to Know

Maison Law on

When it comes to insurance claim practices handled in bad faith, the Golden State is an unfortunate leader. In August 2025, the Sixth Appellate District Court of California published a decision in an insurance dispute that...more

Auger Hollingsworth

Disability Claims Are Being Denied More Often — But You Still Have Options

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Across Ontario and beyond, more people are facing disability claim denials from their insurance providers. For individuals already coping with serious health challenges, these refusals add another layer of stress....more

Marshall Dennehey

Appellate Court Rules Homeowner Adequately Alleged Breach of Contract After Insurance Carrier Denied Windstorm Claim

Marshall Dennehey on

Ronald Zabriskie v. First Protective Insurance Company d/b/a Frontline Insurance Company, Fla. 5th DCA, No. 5D2024-1072, LT Case No. 2022-CA-685, June 13, 2025 - The appellate court reversed a trial court’s dismissal of a...more

Marshall Dennehey

Florida Court Upholds Denial of Late Hurricane Claim, Reinforcing Prompt Notice Requirement

Marshall Dennehey on

Morales v. Citizens Property Insurance Corporation, Fla. 3d DCA, No. 3D24-0096, LT Case No. 20-25161, August 6, 2025 - In August, the Third District Court of Appeal in Miami upheld a summary judgment in favor of the insurance...more

Zelle  LLP

Hail to the Promptness: Northern District of Texas Finds Insured’s Two-Year Delay in Providing Notice Untimely and Prejudicial

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On August 29, 2025, Judge James Wesley Hendrix in Indiana Affordable Storage, Inc. v. The Ohio Casualty Insurance Company, No. 5:24-cv-00050-H-BV (N.D. Tex. Aug. 29, 2025) granted summary judgment in favor of The Ohio...more

Marshall Dennehey

Second District Court of Appeal Finds Carriers Cannot Limit Damages to Actual Cost Value at the Trial Involving a Denied Claim

Marshall Dennehey on

Richard Brito and Pamela Garcia f/k/a Juana Tejada v. Citizens v. Citizens Property Insurance Corporation, Fla. 2nd DCA, No. 2D2024-0664, June 18, 2025 - The carrier provided a homeowner’s policy to the insureds that provided...more

Carlton Fields

Sixth Circuit Decides Stallion’s “Vitamin Shot” Was a “Drug or Medication” Triggering Exclusion

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In Cypress Creek Equine LLC v. North American Specialty Insurance Co., the Sixth Circuit Court of Appeals recently told an insured to “hold your horses” regarding coverage under mortality policies covering a thoroughbred...more

Carlton Fields

Virginia District Court Holds That Insurance Company Has Duty to Defend and Indemnify Hotel Operator in Underlying Sex Trafficking...

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A federal district court in Virginia held that two insurance companies have a duty to defend and indemnify a hotel operator in an underlying lawsuit alleging that the operator aided and abetted sex trafficking of a woman. In...more

Rivkin Radler LLP

September 2025 Insurance Update

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Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update. We begin with two cases from Delaware’s high court. The first reaffirms...more

Butler Snow LLP

My Opinion About Insurance Coverage Opinions

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As anyone with a large insurance practice knows, insurance companies sometimes reach out to outside counsel not to request the defense of a lawsuit against an insured (or perhaps the insurer itself), but instead to ask for a...more

Carlton Fields

Pennsylvania District Court Denies Mortgagee’s Late Suit Against Homeowner’s Insurer as Barred by Policy’s Limitations Clause

Carlton Fields on

The U.S. District Court for the Middle District of Pennsylvania recently granted summary judgment in an insurance coverage dispute between intervenor LoanDepot.com LLC and Allstate Insurance Co., holding that LoanDepot’s suit...more

Wiley Rein LLP

Post-Termination Correspondence between Insured and its Former Officer Did Not Constitute a “Claim”

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The United States Court of Appeals for the Eleventh Circuit, applying Florida law, has held that letters from an insured company explaining the basis for termination of its CEO and President and requesting that he preserve...more

Pillsbury - Policyholder Pulse blog

Paloma Resources v. Axis Insurance Shows How “The” Can Be the Genuine Article in a Policyholder Defense

It’s said that an ant can carry fifty times its own weight. That’s nothing. A recent decision out of the U.S. Court of Appeals for the Fifth Circuit provides a compelling reminder to policyholders and their counsel: Even the...more

Maynard Nexsen

Keeping an Eye Out for Litigation Involving Increasingly Popular Gap Coverage

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So-called “gap” insurance policies – policies that provide critical-illness, hospital-indemnity and specified-disease coverage – have been on the rise due to a number of factors, including the frequency of high-deductible...more

Wiley Rein LLP

Lawsuits Alleging Misconduct Based on Flawed Testing Procedures Deemed Not “Related Claims”

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The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute...more

Lowenstein Sandler LLP

Bad Faith No More: New York Courts Shift the Insurance Paradigm

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In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift...more

Cozen O'Connor

Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court

Cozen O'Connor on

In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more

Cozen O'Connor

Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim

Cozen O'Connor on

In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was...more

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