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Insurance Claims

Rodemer Kane Attorneys at Law

Slip and Fall Accidents in Apartment Buildings: Understanding Your Rights in Colorado

Slip and fall accidents can happen anywhere, but when they occur in an apartment building, the consequences can be particularly challenging. Whether you're a tenant or a visitor, injuries from a fall can result in medical...more

Husch Blackwell LLP

California District Court Compels Arbitration of Reinsurance Dispute

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A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

Whiteford

Private Company M&A – Rep & Warranty Insurance: A “Zero-Liability” Promised Land for Sellers?

Whiteford on

Representation & Warranty Insurance (“RWI”) is specialty insurance coverage purchased for M&A deals which provides third-party insurance coverage for certain breaches of the Seller’s representations and warranties in the...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for...more

Woodruff Sawyer

Short-Form Mergers and D&O Insurance

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Do you serve as a director or officer of a company that is largely—but not wholly—owned by another company? If yes, this week’s D&O Notebook article is for you. My colleague Walker Newell discusses “short form” mergers,...more

J.S. Held

Damage Assessment & Scope Development in the Property Claims Management Process

J.S. Held on

Introduction: Overview of Site Inspections & Scope Development - Construction consulting experts are often engaged by insurance companies, attorneys, or others to assess reported damage to property and determine the scope...more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

White and Williams LLP on

In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

Woodruff Sawyer

Q3 2024 Commercial Insurance Market: Some Good News and Some Challenges

Woodruff Sawyer on

The good news for insurance buyers is that the North Atlantic Hurricane season has not significantly impacted property rates or coverage, and rates are continuing the trend of decreases that we noted in our last update....more

Kennedys

Not enough slices of the pie: Handling multiple claims and insufficient policy limits

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Insurers often face the difficult scenario of multiple claims by third-parties under the same policy. In these situations, the reality is that no matter how many claims are settled, the available policy limits may be...more

Marshall Dennehey

Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff

Marshall Dennehey on

Vaughan v. Williams, Slip Copy, 2024 WL 1231352 - The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant...more

Wiley Rein LLP

Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act...

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The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not...more

Lowenstein Sandler LLP

Weather, Drones, and AI … Oh My! How the Insurance Industry Changed in 2024

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In this episode of “Don’t Take No for An Answer,” Lynda A. Bennett, Chair of Lowenstein’s Insurance Recovery Group, joins Lowenstein’s Heather Weaver and Josh Weisberg, Chief Risk Officer at SterlingRisk to recap changes in...more

Dinsmore & Shohl LLP

[Hybrid Event] Credits & More – Continuing Legal Education Seminar - December 6th, Cincinnati, OH

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Sign Up Today! Registration is open for the 2024 Dinsmore & Shohl LLP Credits & More Continuing Legal Education (CLE) seminar, taking place on Friday, December 6. This hybrid event offers the flexibility of attending in...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Florida’s Third-Party Liability Laws in Auto Accidents

In most cases, seeking just compensation for an auto accident in Florida involves filing an auto insurance claim. Typically, you will be dealing with either the other driver’s insurance company or your own, and the amount you...more

Segal McCambridge

Navigating Pre-Suit Notice and Attorneys’ Fees in Texas Storm Litigation

Segal McCambridge on

Storm-related claims in Texas often lead to disputes over attorneys’ fees, making it critical for insurance carriers to understand and apply statutory pre-suit notice requirements. Failure by claimants to meet these...more

Wiley Rein LLP

Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue

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The Iowa Court of Appeals has held that a law firm’s clients’ purported assurance that they would not sue the law firm for its omission in representing them did not obviate the firm’s obligation to notify its claims-made...more

Wiley Rein LLP

New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead...

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Applying New York state law, the United States District Court for the Northern District of New York held that a professional liability insurer had waived its rescission claims by failing to request additional explanations for...more

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

Cozen O'Connor on

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

Kennedys

Applicability (or not) of Florida Interpleader Statute 624.155(6)(a) to “Wasting” Policies

Kennedys on

Interpleader is a procedure that enables a stakeholder to deposit funds with the court to allow parties who claim they are entitled to the funds to litigate their respective entitlement. In many states liability insurers are...more

Wiley Rein LLP

Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series

Wiley Rein LLP on

The United States Court of Appeals for the Eleventh Circuit, applying New Jersey law, has held that the series-qualifier (and not the last-antecedent) canon of construction applied in an insurance coverage dispute, such that...more

Bradley Arant Boult Cummings LLP

Understanding the FEMA 50% Rule

Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are...more

Rivkin Radler LLP

November 2024 Insurance Update

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In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying. We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more

J.S. Held

Understanding the Rise of US Battery Energy Storage Systems (BESS) and the Implications for Time Element Insurance

J.S. Held on

Introduction: Overview of Battery Energy Storage Systems (BESS) - Battery Energy Storage Systems (BESS) development has been looming in the United States energy markets for several years. Now, as capacity has begun...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Injuries on Auto Accident Claims in Florida

If you were injured in an auto accident in Florida, you are entitled to just compensation for your injuries. But, what if you also have pre-existing injuries from before the crash? While this can complicate the process of...more

Hinshaw & Culbertson - Insights for Insurers

[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage...

Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more

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