Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Loading and Unloading Under GL and Auto Policies: 2022
Prior & Pending Litigation
What is a Damron Agreement?
John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more
This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat'l Foam, Inc. v....more
Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....more
This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more
The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more
DEFENSE COST REIMBURSEMENT - Cont’l Cas. Co. v. Winder Labs., LLC, 73 F.4th 934 (11th Cir. 2023) Eleventh Circuit predicts that, under Georgia law, insurers found to have no duty to defend underlying suits could not...more
Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more
Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these...more
Few courts have yet decided insurance coverage issues in litigation involving per- and poly-fluoroalkyl substances (PFAS). But yesterday, in Crum & Forster Specialty Insurance Company v. Chemicals, Inc., No. H-20-3493, 2021...more
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more
The U.S. District Court for the Southern District of New York, applying New York law, has concluded that an insurer waived the right to assert a policy exclusion as a coverage defense in a declaratory judgment action after...more
In Direct Auto Insurance Company v. Bahena, et al., 2019 IL App (1st) 172918, the Illinois Appellate Court sifted through a procedural nightmare in order to get to the very sensical conclusion that “It cannot be the case that...more
The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more
In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more
The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more
A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more
Those who follow the work of the Wisconsin appellate courts might recognize this question as one that District II of the Court of Appeals certified to the Supreme Court nearly five years ago in Wilkinson v. Arbuckle, 2011 WI...more
The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more
In McMillin Companies v. American Safety Indemnity (No. D063586, filed 1/20/15), a California appeals court ruled that an insurer's loss of a summary judgment motion on the duty to defend does not necessarily establish that a...more