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Faegre Drinker Biddle & Reath LLP

Changes to Title and Survey Diligence Insurers Don’t Want to Miss

Faegre Drinker Biddle & Reath LLP on

As part of an effort to revamp and modernize title insurance policies and land surveys, this year, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) updated their standards,...more

Jones Day

Federal Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Merger Litigation

Jones Day on

Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more

Butler Weihmuller Katz Craig LLP

Fifth Circuit Seeks Guidance From The Texas Supreme Court On When The Concurrent Cause Doctrine Applies

Butler Weihmuller Katz Craig LLP on

Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail Bill.” Texas follows the concurrent cause doctrine. As the Texas Supreme Court held in Lyons v. Millers Casualty...more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

Cozen O'Connor on

In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more

Wiley Rein LLP

Court Declines to Recognize Scrivener’s Errors in D&O Policy’s Capacity Exclusion

Wiley Rein LLP on

The United States District Court for the Southern District of New York, applying Georgia law, has declined to recognize certain punctuation and spacing errors in the capacity exclusion of a directors and officers liability...more

Allen & Overy LLP

Premia in(tro): court finds there should be reasonable remuneration for referral

Allen & Overy LLP on

Where a firm of insurance consultants introduced a new client to an insurance management company, the court held that they were entitled to reasonable remuneration for the referral....more

Cozen O'Connor

Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion

Cozen O'Connor on

A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021...more

Newmeyer Dillion

Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

Newmeyer Dillion on

On October 1, 2021, the Ninth Circuit Court of Appeals ruled on a trio of cases involving COVID-19 business interruption losses, in a series of written opinions with results favoring the insurers. Despite the slate of wins...more

Haight Brown & Bonesteel LLP

Loss of Business Income Due to the Governmental “Stay at Home” Orders Issued in Response to COVID-19 Was Not a Covered Loss

Haight Brown & Bonesteel LLP on

In Mudpie Inc. v. Travelers Casualty Insurance Company of America (No. 20-16858, filed October 1, 2021 ord. certified for publication October 4, 2021.), Mudpie Inc., a retailer of children’s products in San Francisco, filed a...more

Goulston & Storrs PC

M&A Trend Spotting: Evolving Insurance Coverage in Private Equity Transactions

Goulston & Storrs PC on

Q. What are some of the insurance industry trends you are seeing in relation to Private Equity Transactions? I would say the market, overall, is now embracing secondary transactions in a much more significant and...more

Cozen O'Connor

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported...

Cozen O'Connor on

On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more

Bricker & Eckler LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

Bricker & Eckler LLP on

In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

Butler Weihmuller Katz Craig LLP on

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more

Hinshaw & Culbertson - Insights for Insurers

Tic-Tac-Toe, Sixth Circuit Finds No Coverage For COVID-19 Claims Based Upon The Absence of Direct Physical Loss

Hinshaw & Culbertson - Insights for Insurers on

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

Wiley Rein LLP

No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision

Wiley Rein LLP on

The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to...more

Wiley Rein LLP

Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy

Wiley Rein LLP on

Applying Ohio law, the United States Court of Appeals for the Sixth Circuit held that an insured’s incorrect “expression of personal belief or opinion” in a renewal application only rendered the policy voidable, not void ab...more

Baker Donelson

Emergency Rule 47: What Insurers and Insureds Need to Know in the Wake of Hurricane Ida

Baker Donelson on

In response to the catastrophic loss caused by Hurricane Ida and its aftermath, the Louisiana Department of Insurance recently adopted Emergency Rule 47, which provides qualified insureds with various protections and prevents...more

Bilzin Sumberg

Cyber Insurance Carriers, Increasingly Targeted by Hackers, Impose New Coverage Conditions

Bilzin Sumberg on

Insurers that offer coverage for cyberattacks find themselves playing both offense and defense lately. As they await possible action by Congress to enact federal cybersecurity legislation, the insurance industry has gone on...more

Wiley Rein LLP

Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy

Wiley Rein LLP on

A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Ida Losses and the Remainder of the 2021 Hurricane Season

Jones Day on

With Hurricane Ida having battered Louisiana, Mississippi and various other states, businesses will soon look to secure insurance recoveries for the significant property damage and business income losses left in its wake....more

Cozen O'Connor

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage

Cozen O'Connor on

In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more

Butler Weihmuller Katz Craig LLP

Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Butler Weihmuller Katz Craig LLP on

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of...more

Cozen O'Connor

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses

Cozen O'Connor on

In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical...more

Carlton Fields

Sixth Circuit Determines the Term “Suspension of Operations” in Business Interruption Policy Requires “Complete Shutdown of...

Carlton Fields on

Hastings Mutual Insurance Co. v. Mengel Dairy Farms LLC arose out of a dispute over coverage between two commercial dairy farmers who manage and care for more than 1,000 cows across farms in Pennsylvania and Ohio, and their...more

Cozen O'Connor

No Bad Faith When Insurer Relied on Opinion of Independent Consultant

Cozen O'Connor on

The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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