When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more
2/28/2020
/ All-Risks Insurance ,
Denial of Insurance Coverage ,
Flood Insurance ,
Flooding ,
Hurricane Sandy ,
Insurance Claims ,
Insurance Litigation ,
Lloyds of London ,
Mass Transit ,
Natural Disasters ,
Policy Limits ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Water Damage
Florida’s offer of judgment statute, Florida Statutes section 768.79, is a common technique for any litigator who wants to place additional risk on the plaintiff. The statute provides that if a defendant in a civil suit files...more
Coverage disputes often come down to the interplay between endorsements and the body of the policy. But this tension is not limited to terms addressing coverage. It can also extend to areas such as dispute resolution. ...more
A federal court has found no coverage for a $42 million whistleblower settlement due to the insured’s failure to timely report the claim to its carrier. PAMC, Ltd. v. National Union Fire Insurance Company of Pittsburgh, Pa.,...more
2/26/2019
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Insurance ,
Insurance Claims ,
Medicaid ,
Medicare ,
National Union ,
Qui Tam ,
Settlement Agreements ,
Statute of Limitations ,
Whistleblowers
Third-party liability policies often include aggregation clauses. As the name suggests, these clauses aggregate “related claims” or “interrelated wrongful acts” into one claim or occurrence....more
12/4/2018
/ Aggregation Rules ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Investigations ,
Occurrence ,
Policy Terms ,
Professional Liability Insurance ,
Securities and Exchange Commission (SEC) ,
Third-Party Liability ,
Wrongful Acts
Insurance carriers and policyholders often argue about the scope of policy provisions. Generally, policyholders take an expansive view of insuring agreements, while carriers often construe them more narrowly. But not all...more
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more