News & Analysis as of

Insurance Claims

Farella Braun + Martel LLP

Evicting Tenants Over “Illegal” Cannabis Operation Comes Back to Bite Landlords in Coverage Dispute

by Farella Braun + Martel LLP on

A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more

LeClairRyan

UAS: Not So Happy Wedding Bills!

by LeClairRyan on

Today we present an update to our story from last month involving an insurance coverage dispute between a wedding photographer and his insurer. Unfortunately for the photographer, our predication on how this case would come...more

Carlton Fields

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

by Carlton Fields on

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

The Brown Firm

Will A Robot Decide Your Personal Injury Claim In The Future?

by The Brown Firm on

We truly are living in the future. Things we never thought possible are happening right now before our very eyes. Brick and mortar stores are being replaced by e-commerce, self-driving cars are being tested on roads, and we...more

Cozen O'Connor

English Court Considers if U.S. Controlled Marine Insurers Must Pay Claim in Light of Sanctions

by Cozen O'Connor on

Mamancochet Mining Limited v Aegis Managing Agency Limited and Others - In this important recent marine insurance case, London based but U.S. controlled insurers were ordered by an English court to pay a cargo insurance...more

Carlton Fields

Related Decisions: Three Recent Cases Emphasize Breadth of “Related Wrongful Acts”

by Carlton Fields on

Third-party liability policies often include aggregation clauses. As the name suggests, these clauses aggregate “related claims” or “interrelated wrongful acts” into one claim or occurrence....more

Kilpatrick Townsend & Stockton LLP

Contractors Performing Roofing Repairs in Texas: Don’t Cross the Line with Property Insurance Carriers

Texas and other states limit the extent to which a roofing contractor can be involved in the insurance claim process on behalf of a property owner. The Texas Insurance Code restricts the ability of adjusters to act as...more

Traub Lieberman Straus & Shrewsberry LLP

Fourth Circuit Finds Multiple Bridge Collapses Constitute “Related Claims”

On November 7, 2018, the Fourth Circuit Court of Appeals affirmed summary judgment in favor of an insurer holding that the collapse of two pedestrian bridges designed by the insured arose out of “related claims” under the...more

Robins Kaplan LLP

The Robins Kaplan Insurance Insight - Vol. 2, No. 2, Fall 2018: Let It Snow, Let It Snow, Let It Get Damaged?

by Robins Kaplan LLP on

The winters in recent years have been making headlines, particularly on the East Coast, where snowfall reached record levels and with it the number of property damage claims....more

Robins Kaplan LLP

The Robins Kaplan Insurance Insight - Vol. 2, No. 2, Fall 2018: Coverage Implications of the #MeToo Movement

by Robins Kaplan LLP on

In October 2017, the #MeToo movement burst onto the national scene as a platform for individuals who had been victimized by sexual assault to express their anguish and seek support. ...more

The Roth Firm

How To Get Help With Your Medical Bills After An Auto Accident in Atlanta

by The Roth Firm on

You were going about your normal routine. The same thing you do every single day. You get up, get ready, and you're off to work. However, this day was different. You were almost to work, driving through the last stoplight...more

Kilpatrick Townsend & Stockton LLP

NC Business Court Weighs In On Actual Cash Value

Accardi v. Hartford Underwriters Ins. Co., 2018 NCBC 109 (Oct. 22, 2018) A storm damage claim with only $169.30 in controversy has set the stage for a battle over actual cash value calculations. originally published...more

Kilpatrick Townsend & Stockton LLP

Court Rules Insured Has Duty To Read Insurance Policy Sooner Rather Than Later

In a recent case involving claims against an insurance broker, Judge Graham Mullen firmly put the burden of reviewing an insurance policy and understanding coverage exclusions on the insured. Granting summary judgment for...more

Robins Kaplan LLP

The Robins Kaplan Insurance Insight - Vol. 2, No. 2, Fall 2018: The Broadening of California’s Unfair Insurance Practices? A...

by Robins Kaplan LLP on

Recent high-stakes litigation has captured the attention of insurance professionals everywhere. A California Court of Appeal’s finding in Pacificare Life & Health Ins. Co. v. Jones affirmed on September 20, 2018, $91 million...more

Zelle  LLP

California Wildfires and Related Insurance Claims Show No Signs of Stopping

by Zelle LLP on

“We can’t stop and we won’t stop.” Is this the refrain to a Miley Cyrus song, the creed of the thousands of firefighters currently battling California’s wildfires, or the mantra of the fires themselves? While any...more

Carlton Fields

Court Upholds Decision Rendering Insurance Arbitration Provision and Delegation Clause Unenforceable for Failure to File Them with...

by Carlton Fields on

In a dispute between Low Desert Empire Pizza (Desert Pizza) and its insurers over alleged mismanagement of claims and unjustifiable cost increases related to a workers’ compensation insurance program, a California appellate...more

Blank Rome LLP

Insurer Liability for Retained Counsel’s Malpractice

by Blank Rome LLP on

The Hypothetical Facts - Take the following hypothetical: A California company is sued in the Los Angeles Superior Court for personal injuries suffered by the driver of a vehicle that was injured in a crash involving the...more

Greenberg Glusker Fields Claman & Machtinger...

California Wildfires - Insurance Reminder

Our hearts go out to those affected by the devastating fires in our community. We realize this is a difficult time, but it’s important to tender your insurance coverage claims immediately and file a timely proof of loss with...more

Carlton Fields

SEC-ordered Disgorgement Is An Uninsurable “Penalty,” Not A Covered “Loss”

by Carlton Fields on

A New York intermediate appellate court has ruled that a $140 million “disgorgement” payment ordered by the SEC in resolution of an investigation into securities laws violations was a “penalty” that was not covered by...more

Hogan Lovells

Corporate Insurance Newsletter – October 2018

by Hogan Lovells on

The Hogan Lovells’ Corporate Insurance Newsletter for October has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants. Please see...more

Carlton Fields

Another Sentinel Strike: California District Court Dismisses Financial Elder Abuse and Fraud Claims

by Carlton Fields on

The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision – this time in California in the rapidly developing area of financial elder...more

Fox Rothschild LLP

Does Notice Of Cargo Value Satisfy Claim Filing Requirements?

by Fox Rothschild LLP on

In a case decided earlier this year, the Ninth Circuit Court of Appeals addressed the question of whether a claim that notes the cargo’s total value but makes no mention of the claimed value satisfies the minimum claim-filing...more

Carlton Fields

UK Court Considers Whether Payment Of Insurance Claim Violates Iran Sanctions

by Carlton Fields on

A court in the United Kingdom has issued a ruling considering the intersection of a clause in an insurance agreement meant to protect the insurer from obligations that would violate international sanctions regimes and the...more

Pillsbury - Policyholder Pulse blog

Unjust Enrichment – How Property Insurers Use It to Deny Covered Losses

Imagine your organization has suffered significant property damage and interruption to your business as a result. The cause could be anything—a natural disaster, severe mechanical breakdown or a cyberattack. You notify your...more

Jones, Skelton & Hochuli, P.L.C.

Appeal in Motor Vehicle Insurance Coverage Case Concerning Exclusion of Damage to “Transported” Property

JSH attorneys Mike Halvorson and Jennifer Anderson recently prevailed on appeal for an Insurer in a motor vehicle liability coverage case addressing the exclusion authorized by A.R.S. § 28-4009(C)(4)(c) for damage to property...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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