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Last month, the New York Supreme Court issued a well-reasoned order denying the Archdiocese’s insurers’ motion to dismiss its claim against them for breach of the covenant of good faith and fair dealing, holding that the...more
An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more
In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to...more
On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more
If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more
On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more
Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more
On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act...more
This is the first in a series of discussions about insurance issues unique to the Lone Star State. For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds...more
A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...more
A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more
The 2025 South Carolina Legislative Session could see continued discussion on Tort Reform. The Institute of Legal Reform ranks South Carolina’s lawsuit climate 37th in the nation. Tort costs across the state equate to 2.5%...more
This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits. Here, it was an $11...more
There are a number of factors that Courts review when determining whether an insurer has acted under a “reasonably prudent insurer” standard under the Stowers doctrine. We have previously discussed key issues to look out for...more
In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more
The Delaware Supreme Court's decisions in Henry I and Henry II have had a significant impact on workers’ compensation claims involving underinsured motorist (UIM) benefits. Here, we break down the complex issues surrounding...more
Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...more
Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more
No one likes a copycat, but insurers in Georgia have no other choice when trying to accept a settlement demand. If an insurer’s attempted acceptance of a settlement demand does not mirror the terms of the demand exactly —...more
Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more
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
In answering a certified question from the Ninth Circuit, the Arizona Supreme Court has held that, where the policy contains no duty to defend, the objective reasonableness of an insurer’s decision to withhold consent to...more
The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits. Both cases involved appeals from summary judgment orders in bad...more
On August 18, 2020, the Supreme Court of Pennsylvania held, in a 4-3 decision, that insurer, Truck Insurance Exchange, was entitled to withhold general contractor overhead and profit expenses (“GCOP”)...more
On July 11, 2019, in Magnetek, Inc. v. The Travelers Indem. Co., Case No. 17 C 3173, Judge Robert Gettleman of the Northern District of Illinois issued an important decision preserving insurance coverage for a former...more