News & Analysis as of

Reversal Commercial Insurance Policies

White and Williams LLP

The Sounds of Silence: Pennsylvania’s Sutton Rule

In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Jaburg Wilk

Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

Jaburg Wilk on

The Holding - In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did...more

Farella Braun + Martel LLP

California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California...more

Seyfarth Shaw LLP

Are You Really An Additional Insured?

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Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more

Fenwick & West LLP

Litigation Alert: The Fifth Circuit Limits Coverage under the Computer Fraud Provision of Insurance Policies

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Last week, the U.S. Court of Appeals for the Fifth Circuit narrowed the conduct covered under an insurance policy’s computer fraud provision by vacating the judgment in favor of the insured, Apache Corp., and rendering...more

Farella Braun + Martel LLP

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without insurer consent....more

Pillsbury Winthrop Shaw Pittman LLP

In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims

California’s Supreme Court has reversed its own heavily criticized decision from 2003 in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. In Fluor Corp. v. Superior Court, the Court announced that its...more

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