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Statutory Interpretation Insurance Litigation Summary Judgment

Zelle  LLP

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

Zelle LLP on

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

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

Marshall Dennehey on

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

Carlton Fields

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

Carlton Fields on

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

Rumberger | Kirk

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

Rumberger | Kirk on

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

Proskauer Rose LLP

Louisiana Supreme Court Holds That Statute May Confer Broad Duties On Insurers

Proskauer Rose LLP on

In Kelly v. State Farm Fire & Casualty Co., the Supreme Court of Louisiana recently held that an insurer can be liable for bad faith failure to settle a claim even if it has not received a firm offer to settle the claim. The...more

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