News & Analysis as of

Statutory Interpretation Insurance Claims

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

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Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

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Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Marshall Dennehey

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

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Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as...more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...more

Rumberger | Kirk

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

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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

Cozen O'Connor

Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale

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The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Update: 3rd Dept. Decision on Case on FROI-00 then SROI-04

This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more

Carlton Fields

A Bridge Too Far: Pennsylvania Federal Court Declines to Extend Coverage Beyond Policy’s Plain and Unambiguous Terms

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It’s apt to name a blog post after one of history’s great action movies when the case involves a “conceptual artillery duel” that “ends in a draw,” and that is exactly how U.S. District Judge Gerald Austin McHugh Jr. of the...more

Zelle  LLP

Chapter 542 Interest and Tolling During Periods of Delay Caused by the Policyholder

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The Texas Prompt Payment of Claims Act (“TPPCA”), codified in Chapter 542 of the Texas Insurance Code, contains deadlines relating to payment of claims. The TPPCA allows for an insured to recover actual damages, penalty...more

Butler Weihmuller Katz Craig LLP

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

Butler Weihmuller Katz Craig LLP

One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more

Butler Weihmuller Katz Craig LLP

Recent Changes In Florida's Property Insurance Law For Admitted And Surplus Lines Insurers: The Basics Of What You Need To Know

Hours before the close of Florida’s 2021 annual legislative session, the Florida Legislature passed SB 76, legislating wide changes to the handling and litigation of property insurance claims.  The bill affects both admitted...more

Cozen O'Connor

A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions

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In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more

Rumberger | Kirk

Florida Supreme Court Rules Extra-Contractual, Consequential Damages Are Not Recoverable in a First-Party Breach of Contract...

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On January 21, 2021, the Supreme Court of Florida issued an important decision in Citizens Property Insurance Corp. v. Manor House, LLC, et. al., SC19-1394 (Fla. 2021), disallowing an insured to recover extra-contractual,...more

Zelle  LLP

5th Circ. Insurance Case May Encourage Post-Appraisal Suits

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On Oct. 6, the U.S. Court of Appeals for the Fifth Circuit is set to hear oral arguments in Pearson v. Allstate Fire and Casualty Insurance Company. The case centers on statutory construction of Chapters 542 and 542A of the...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Carlton Fields

Court Upholds California Department of Insurance’s Expansive Interpretation of Claims Practices Statute

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A California appellate court recently reversed the trial court’s decision to enjoin the California Insurance Commissioner from enforcing certain regulations regarding unfair claim settlement practices....more

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