News & Analysis as of

Insurance Industry Declaratory Relief

Buchalter

In a Win for Policyholders, California Supreme Court Broadly Applies Unfair Competition Law’s Four-Year Statute of Limitations to...

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What happens when a policyholder seeks to bring an action against its insurer for violation of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq., (“UCL”)), which has a four-year statute of limitations,...more

Cozen O'Connor

The Latest McHugh Battleground: Class Certification

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We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the...more

Wiley Rein LLP

Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions

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The United States District Court for the Southern District of California, applying California law, denied an insurer’s claims for declaratory relief following a week-long bench trial to resolve coverage under a professional...more

Wiley Rein LLP

A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California

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A California federal court has held that neither sending a reservation of rights letter nor the mere filing of a suit seeking recission or declaratory relief while an insurer defends the insured amounts to a breach of an...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

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Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

Nossaman LLP

Podcast: Getting the Most Out of Your Public Pension Plan Insurance Coverage

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All public pension plans need a well-crafted fiduciary liability insurance policy. This should include ample coverage, including protection against the risk of impending litigation. The recent ruling by the U.S. Court of...more

Wiley Rein LLP

Insurer Has Duty to Defend Suits Seeking Only Declaratory and Injunctive Relief

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An Illinois appellate court has held that a professional liability insurer has a duty to defend suits seeking only declaratory and injunctive relief, even though the suits did not allege potentially covered damages.  MHM...more

Hinshaw & Culbertson - Insights for Insurers

The Latest Decision in the Global Re Case: On Treatment of Expenses under Facultative Reinsurance Certificates

The Bellefonte Cap - The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more

Saul Ewing LLP

N.D. of Mississippi: Insured’s Claim that Insurer Acted in Bad Faith by Failing to Disclose its Practice of Depreciating Labor...

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Mitchell v. State Farm Fire and Casualty Company, No. 3:17cv00170-M, 2018 WL 4572664 (N.D. Miss. Sept. 24, 2018) - Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of...more

Holland & Knight LLP

Florida Appeals Court Allows Assignment of Benefit Restrictions in Homeowner Policies - Ruling Sets Up Conflict with Earlier...

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Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that an insurer's anti-assignment provision was not prohibited. The Court disagreed with the Fifth DCA's decision in December 2017 prohibiting any such...more

Stoel Rives -  Ahead of Schedule

Crumbling for Coverage?: Recent Ninth Circuit Opinion Relies on Washington Supreme Court’s Definition of “Collapse” in Declaratory...

On May 9, 2018, in an unpublished opinion, the Ninth Circuit held that the proverbial London Bridge should be near collapse for an insured owner to successfully obtain insurance coverage for same. In American Economy...more

Carlton Fields

SDNY Ruling Narrows Claims in COI Suit

Carlton Fields on

In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory on its motion for partial dismissal of the complaints in two...more

Locke Lord LLP

Great American Insurance Co. v. Hamel: The Texas Supreme Court Clarifies the Circumstances under which a Judgment Entered against...

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In Great American Insurance Co. v. Hamel, 2017 WL 2623067 (Tex. June 16, 2017), the Texas Supreme Court more precisely defined the circumstances under which an insurance company that wrongfully fails to defend an insured may...more

Cozen O'Connor

Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context

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When discussing bad faith in the third party context, most of the discussion properly centers on the duty to settle a claim. However, other actions taken by a policyholder and carrier can have an impact. The recent case of...more

Haight Brown & Bonesteel LLP

Excess-Escape Other Insurance Provision Unenforceable to Avoid Defense Cost Contribution Despite Placement in Policy’s Coverage...

In Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co. (No. C072500; filed 4/11/16), a California appeals court found an “other insurance” provision unenforceable to excuse defense contribution between...more

Cadwalader, Wickersham & Taft LLP

Important Court Decision For No-Fault Insurers -- Federal Court Rejects Argument To Limit Insurers’ Right To Seek Judicial Relief...

We are pleased to inform you of a very favorable recent caselaw development in the no-fault insurance area, in which our firm played a significant role. Specifically, on March 24, 2016, in the case of Liberty Mutual Fire...more

Robinson+Cole Class Actions Insider

Campbell-Ewald Co. v. Gomez: Thoughts on Supreme Court Oral Argument

Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class...more

K&L Gates LLP

Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance...

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Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Benesch

Ohio Supreme Court Adopts Comcast and Wal-Mart Standards For Class Certification; Reverses Class Certification Due To...

Benesch on

Last week, the Ohio Supreme Court denied class certification in Cullen v. State Farm Mutual Automobile Insurance Company, Slip Opinion No. 2013-Ohio-4733 (Nov. 5 , 2013). In a 5-2 decision, the Court overruled the trial and...more

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