News & Analysis as of

Summary Judgment Breach of Contract Covenant of Good Faith and Fair Dealing

Carlton Fields

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

Carlton Fields on

The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

McGuireWoods LLP on

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

Lewitt Hackman

Franchisor 101: Convenient Franchise Practices

Lewitt Hackman on

A New Jersey federal district court granted summary judgment in favor of 7-Eleven, Inc. in a dispute with a franchisee. The franchisee signed a franchise agreement to operate a 7-Eleven store in Princeton, New Jersey,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array Fire/Lost Generating Income: U.S. District Court Addresses Insurance Coverage Dispute

A United States District Court (“Court”)(D. Massachusetts) issued a September 30th Memorandum and Order (“Order”) addressing a dispute regarding an insurance coverage question related to a solar array fire. See NextSun Energy...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

Polsinelli on

With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Carlton Fields

Dismissal of Individual Claims Cap Insurer’s Winning Streak in Action Challenging FIA Product Features

Carlton Fields on

In May, the Southern District of California handed ING a win in a case involving allegations that the company targeted seniors with annuities that hid an embedded derivative structure that made them worth less than promised....more

Winstead PC

Court Holds That Board Of Trustees Of A Nonprofit Do Not Owe The Same Duties As A Trustee Of A Trust

Winstead PC on

In Young v. Heins, Young brought third-party claims against the board of trustees of a nonprofit home owner association for breach of fiduciary duty, breach of the duty of good faith and fair dealing, breach of contract,...more

Carlton Fields

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Nutter McClennen & Fish LLP

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

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