Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Tax Liability Insurance Products: A Hidden Gem in the Transactional Lawyer’s Tool Box
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Prior & Pending Litigation
In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more
To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more
From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional...more
The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...more
A New York federal district court, applying New York law, has held that a manager of a restaurant venture may not pursue a bad faith claim against his directors and officers liability insurer where the insurer’s coverage...more
Companies purchase liability insurance, often referred to as “litigation insurance,” to help manage the risk of lawsuits they may face. Most policyholders understand that they need to provide notice of claims, but there are a...more
Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more
Insurance subrogation professionals face unique hurdles when a tortfeasor’s liability insurance limit is insufficient to pay the entirety of the subrogation claim and claims asserted by other parties. In other words,...more
Artificial Intelligence (“AI”) Is A Complicated Technology Developed With Data. This Saddles AI It With A Host Of Potential Privacy Regulations, Including Europe’s Data Protection Law, The General Data Protection Regulation...more
Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more
Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to...more
Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more
These days, more employers than ever are purchasing Employment Practices Liability Insurance (“EPLI”) to cover them in the event they get sued for employment-related claims. (See our earlier posting on that topic: “A Handy...more
Texas applies the “cause” test to determine the number of accidents or occurrences, but its emphasis on the “liability-triggering event” requires an analysis of intervening causes. The Fifth Circuit Court of Appeals...more
The American Law Institute voted on May 22, 2018 to approve the final draft of its “Restatement of the Law of Liability Insurance.” This was the culmination of an eight-year project that evolved through 29 drafts resulting in...more
In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more
Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more
Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more
The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more
The Washington Supreme Court just handed a defeat to Washington State liability insurers, holding that ProBuilders Specialty Insurance Company had a duty to defend a carbon monoxide poisoning case, notwithstanding a broad...more
Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme...more
A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more
As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more
In Kelly v. State Farm Fire & Casualty Co., the Supreme Court of Louisiana recently held that an insurer can be liable for bad faith failure to settle a claim even if it has not received a firm offer to settle the claim. The...more
When presented with a lawsuit potentially seeking covered damages, a liability insurer owes a duty to defend and is faced with three options:1) tender the defense unconditionally and therefore control the defense, including...more