The Standard Formula Podcast | Understanding Insurance Resolution Regimes
As policyholders take stock of their losses and begin the daunting task of rebuilding their homes and their lives, the California Insurance Commissioner continues to address various policyholder concerns and insurance...more
Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North...more
Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the...more
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
Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related...more
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more
On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more
The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more
The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years,...more
In a unanimous opinion issued yesterday, the New Jersey Supreme Court joined the majority of other courts to hold that business interruption losses related to the COVID-19 pandemic are not covered under the standard language...more
At the start of each new year, we are offered the chance to reflect on everything we did throughout the previous year, as well as all we learned. In 2023, a plethora of coverage opinions, published and unpublished, were...more
In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend. Consent has seemed to plague TV-maker Vizio. First, it got into trouble...more
In most property insurance coverage litigation, the parties engage experts to elucidate the issues in the case. This is particularly true when there are multiple causes of loss, covered and not covered, that combine to cause...more
In this episode of “Don't Take No for an Answer,” host Lynda A. Bennett is joined by David Anderson, Vice President of Cyber at Woodruff Sawyer, and Heather Weaver, counsel in Lowenstein’s Insurance Recovery Group, to discuss...more
Insurance partner Rob Chaplin is joined by colleague Lamya Al-Yazdi as they introduce our “Standard Formula” listeners to the three emergent insurance resolution regimes that deal with the failure, or potential failure, of...more
All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more
On January 6, 2023, the Third Circuit Court of Appeals handed down a unanimous opinion in Law Offices of Rhonda H. Wilson, et al. v. USI Insurance Service, et al., which was drafted by Judge Michael A. Chagares. The case is...more
“Highly protected risk” (HPR) is an insurance industry term referring to a risk that has been controlled and managed through various measures....more
In a win for Wiley’s client, the United States Court of Appeals for the First Circuit upheld the grant of an insurer’s motion to dismiss, applying Massachusetts law and finding that economic losses related to the COVID-19...more
In the recent decision in Q Clothier New Orleans LLC v. Twin City Fire Insurance Co., the Fifth Circuit Court of Appeals affirmed the dismissal of an insured’s claim for coverage under a property policy for loss arising from...more
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more
Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more
Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more
The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a policyholder’s COVID-19 insurance coverage action in Santo’s Italian Café LLC v. Acuity Insurance Co., No. 21-3068 (6th Cir. Sept. 22,...more