News & Analysis as of

First Impression Insurance Industry

Wiley Rein LLP

California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims

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A California state court of appeals, applying California law, has held that, as a matter of first impression, a provision in the California insurance code excluding insurance coverage for loss caused by an insured’s willful...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

White and Williams LLP

Case of First Impression Rules No Coverage for COVID Business Interruption Claim Because No Direct Physical Loss

Michigan Circuit Court Judge Joyce Draganchuk (Ingham County) granted the insurer’s motion for summary disposition in Gavrilides Management Company v. Michigan Insurance Company. At issue was coverage for restaurants that...more

Cozen O'Connor

Federal Court Upholds Policy Approved Under the Interstate Insurance Compact

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In a case of first impression, the U.S. District Court for the District of Colorado this week upheld the enforceability of a two-year suicide exclusion provision contained in a policy approved under the Interstate Insurance...more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

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The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Cozen O'Connor

New York High Court: Policyholders Must Bear Their Share of Long-Tail Claims

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In a highly anticipated decision of first impression, the New York Court of Appeals has held that policyholders facing long-tail liability claims must bear the risk of uninsured periods of time, even when insurance was not...more

Cozen O'Connor

Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision

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Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known...more

McNees Wallace & Nurick LLC

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval

Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers, 2015 Pa. Lexis 1551 (July 21, 2015), since the high court agreed to hear the...more

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