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Retroactive Application Insurance Claims

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

Rumberger | Kirk on

The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more

Wiley Rein LLP

Excess Insurer Cannot Challenge Payments by Underlying Carriers

Wiley Rein LLP on

A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more

Robins Kaplan LLP

Proposed COVID-19 Legislation Thrusts Contract Clause’s Original Purpose Into Spotlight

Robins Kaplan LLP on

Until fairly recently, the U.S. Constitution’s Contract Clause had fallen into relative obscurity.  Proposed legislation concerning insurance coverage for the COVID-19 pandemic figures to place this provision of the U.S....more

Carlton Fields

Louisiana, Pennsylvania, and South Carolina Join in Introducing Legislation That Would Force Insurers to Retroactively Cover...

Carlton Fields on

An increasing number of state legislatures have recently introduced measures that would require the insurance industry to bear much of the burden of business interruption and other losses due to the economic downturn brought...more

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