In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more
The United States federal court system periodically publishes reports (called “Just the Facts”) addressing trends facing the federal judiciary. On November 16, 2021, the U.S. Courts released its latest “Just the Facts,”...more
Many business owners have a commercial general liability (CGL) policy covering their business. While CGL policies offer broad coverage for many types of losses, automobile accidents are generally not among those covered...more
In prior blogs, I have discussed liability insurance, including the application of the insuring agreement and exclusions to the existence of coverage, as well as litigating insurance coverage disputes. A related issue...more
The coronavirus has quickly spurred significant changes in most people’s daily lives and routines. In light of the widespread closure of public places and a growing number of safer-at-home orders, nearly everyone has found...more
4/1/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Financial Distress ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Operators of Essential Services ,
Property Damage ,
Property Insurance ,
Public Health ,
Relief Measures ,
Social Distancing ,
State of Emergency
It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more
12/17/2019
/ Denial of Insurance Coverage ,
Homeowner's Insurance ,
Homeowners ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Property Owners ,
Toxic Mold
In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more
In my most recent blogs (“Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to turn to the courts”, Part 1 and Part 2), I addressed the various reasons...more
In part one of this blog I discussed intervention, one option insurers may have when coverage questions arise. As I noted in my prior blog, procedures for intervention vary by state, and some states simply do not allow an...more
No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot...more
“Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat...more