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Denial of Insurance Coverage Insurance Claims Summary Judgment

Wiley Rein LLP

Eleventh Circuit Applies Notice-Prejudice Rule But Insured’s Failure to Timely Notify Insurer Bars Coverage for Pollution Claims

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The Eleventh Circuit Court of Appeals, applying Florida law, held that an insurer could deny coverage for failure to provide timely notice where the insured provided no evidence to rebut the presumption of prejudice to the...more

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

Freeman Mathis & Gary

Kentucky Court of Appeals soft launches a hard change to proximate cause

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In Jena Lhotsky v. Guy Sutcliffe, No. 2024-CA-1521-MR (Ky. Ct. App. Oct. 17, 2025), a recently published opinion, the Kentucky Court of Appeals proposed a substantial change to how courts across the Commonwealth analyze...more

Carlton Fields

Eleventh Circuit Clarifies Notice Requirements Under Claims-Made Policy

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The Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Nautilus Insurance Co. in L. Squared Industries Inc. v. Nautilus Insurance Co., holding that an insured’s failure to provide timely notice of a...more

Wiley Rein LLP

Notice Delayed, Coverage Denied: Claims-Made Policies Exempt from Notice-Prejudice Rule Codified in Utah Statute

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A federal district court in Utah, applying Utah law, has determined that an insurer could deny coverage under a claims-made policy for untimely notice without proving prejudice. The insured had a claims-made Employment...more

Wiley Rein LLP

Subsidiary Exclusion Bars Coverage for Claim Alleging Wrongful Conduct Before and After Entity Became a Subsidiary; Claim for...

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The United States District Court for the Southern District of New York, applying New York law, has held that a subsidiary exclusion barred coverage for a lawsuit alleging fraud in connection with investments in a failed...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

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

Fatal to Recovery: AZ Wealth Big Springs, LLC. v. Third Coast Insurance Co. Confirms that the Insured Bears the Burden of...

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Texas Courts apply the concurrent-causation doctrine, which sets out that “when covered and non-covered perils combine to create a loss, the insured is entitled to recover that portion of the damage caused solely by the...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

Wiley Rein LLP

Delaware Court Rejects Insurers’ “Related Matter” and Late Notice Arguments, Finds Duty to Defend

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The Superior Court of Delaware, applying Delaware law, has held that professional liability insurers had a duty to defend their insured against copyright infringement claims, finding that a “Deliberate Acts” exclusion did not...more

Carlton Fields

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

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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

Carlton Fields

Insurer Stripped of Coverage Defenses for Models’ Suit Against Insured Club

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Declining to find any of the insurer’s proffered exclusions applicable, a federal district court in Minnesota sided with the insured — a strip club that was sued for using models’ images without permission in its online...more

Carlton Fields

New Mexico Appeals Court Holds No Bad Faith for Shooting Claim Precluded by GL Policy’s A&B Exclusion

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In Wilson v. Cincinnati Specialty Underwriters Insurance Co., the New Mexico Court of Appeals affirmed the district court’s decision granting summary judgment to an insurer after determining that bad faith claims on a...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

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

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

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On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Marshall Dennehey

Pennsylvania Superior Court Finds Appellants’ Position Unreasonable

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In Hespen v. Erie Insurance Company, Levy Insurance Company, LLC and Thomas Levy, 332 A.3d 1229 (Pa. Super. 2024), the Pennsylvania Superior Court rejected the appellants’ assertion of the applicability of the doctrine of...more

Wiley Rein LLP

New York Court Deems Subsequent Sexual Harassment Lawsuit “Related” to Prior Suits

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A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed...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

Rivkin Radler LLP

May 2025 New York Insurance Coverage Law Update

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Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury...more

Zelle  LLP

When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

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In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

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Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

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