News & Analysis as of

Policy Limits

Reed Smith 2017 Southern California Wildfires Relief Resources Guide

by Reed Smith on

Though the wildfires continue to burn across California, insurance industry insiders have estimated that the reconstruction cost value for homes potentially at risk in the Santa Barbara, Ventura, Los Angeles, Riverside, and...more

Maximising D&O Insurance Recoveries in Insolvency

by K&L Gates LLP on

Insurance claims represent assets in insolvency which may be capable of realisation or assignment by an insolvency practitioner (IP). If properly managed, such claims can prove to be a significant source of recovery. ...more

“Myopic” Ruling Limits Policyholders’ Ability to Recover for Common Law Bad Faith in West Virginia

by Reed Smith on

The Supreme Court of Appeals of West Virginia has made it harder for policyholders to prevail on claims of common law bad faith against insurers in that state. In State of West Virginia ex rel. State Auto Property Insurance...more

Blog: High Court rules on application of exclusion clauses in insurance contracts

by Cooley LLP on

In Timothy Crowden & Carol Crowden v QBE Insurance (Europe) Ltd (2017) EWHC 2596 (Comm) the claimants suffered significant economic loss after receiving advice from a financial advisor insured by QBE. The claimants were...more

A Beacon in the Night Sheds New Light

by Locke Lord LLP on

Since the decision in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d 910 (2nd. Cir. 1990) (”Bellefonte”) in 1990, the limits of coverage provided by facultative certificates have been pretty well defined,...more

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more

Reed Smith 2017 California Wildfires Relief Resources Guide

by Reed Smith on

Though the wildfires continue to burn across California, insurance industry insiders have estimated that the reconstruction cost value for homes potentially at risk in the Napa and Santa Rosa areas alone will be more than $65...more

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

by Cozen O'Connor on

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great...more

The 2017 Atlantic Hurricane Season: Insurance Coverage for Harvey, Irma, Jose, and Maria

by Blank Rome LLP on

The 2017 Atlantic hurricane season is already one of the most devastating in history. In late August, Harvey struck at the heart of Houston, Texas, and dropped 51.88 inches of rainfall in Texas, the highest rainfall total to...more

Class Action Roundup: Summer 2017

by Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Important Insurance Coverage Considerations for Losses Caused by Hurricane Harvey

by K&L Gates LLP on

While the full extent of damages caused by Hurricane Harvey is unknown at present, the storm has already caused unprecedented damage in Texas. That damage arises in the midst of pending legislative change that may affect...more

Insurance Recovery for Losses Related to Hurricane Harvey

by Blank Rome LLP on

Insurance for Property Damage and Business Interruption Losses - Businesses and communities throughout Texas and the Gulf Coast are bracing for the impact of Hurricane Harvey that is expected to wreak havoc this weekend....more

The Uninsured Motorist Law is “Stacked” Against Us! Time to Allow “Stacking” in California.

Woodland Hills personal injury attorney Barry P. Goldberg has become a leading authority on Uninsured and Underinsured Motorist Law in California. “Stacking” Uninsured Motorist policies is not permitted in California and the...more

Cyber Insurance: Get What You Pay For              

by Fisher Phillips on

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

How Insurance Companies Calculate A Settlement Offer

by Howard Ankin on

Insurance companies do not have one precise method for calculating settlement offers that is applied to every case. Each accident is unique. Insurance companies have a financial incentive to pay as little as possible and will...more

Kentucky Court Holds Professional Liability Insurer Can Pay Limits and Terminate Its Defense Obligation

In its recent decision in Mt. Hawley Ins. Co. v. MESA Med. Grp., PLLC, 2017 U.S. Dist. LEXIS 111949 (E.D. Ky. July 19, 2017), the United States District Court for the Eastern District of Kentucky had occasion to address a...more

Texas’ Hailstorm Bill—Three Takeaways for Policyholders

by K&L Gates LLP on

On September 1, 2017, Senate Bill 10 / House Bill 1774 (the “Hailstorm Bill”) goes into effect. Proponents of the Hailstorm Bill will likely argue that the bill does not represent a significant regression of policyholder...more

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

by Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

by Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Fifth Circuit Reverses Mississippi District Court’s Interpretation of “Ambiguous” Language to Nullify Defense Within Limits...

by Carlton Fields on

Insurance policies that include the cost of defending a particular claim or action within the policy’s limit of liability, often referred to as “burning,” “eroding,” or “defense within” limits policies, are common in the...more

Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

by Cozen O'Connor on

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

When is a Flood a “Flood”: East Coast Edition

by Robins Kaplan LLP on

Last month, heavy rainstorms in California brought to the forefront the issue of what is a “flood” under California law, particularly in regard to rain and surface water. We noted a California court held “flood” in its plain...more

Texas Supreme Court Clarifies Viability of Statutory Extracontractual Claims in Absence of Coverage

by Cozen O'Connor on

On Friday, April, 7, 2017, the Texas Supreme Court issued its opinion in USAA Texas Lloyds Company v. Menchaca, describing its ruling as clarifying much of the confusion that has existed among the courts in Texas with respect...more

UK: AIG Europe Limited v Woodman and others

by Hogan Lovells on

Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

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