We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
1/23/2025
/ Abatement ,
Appellate Courts ,
Business Closures ,
Business Losses ,
Car Accident ,
Coronavirus/COVID-19 ,
CT Supreme Court ,
Damages ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
OH Supreme Court ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Unfair or Deceptive Trade Practices ,
Workers’ Compensation
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
9/19/2024
/ Aircraft ,
Business Losses ,
CA Supreme Court ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
False Statements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Misrepresentation ,
Policy Terms ,
Property Damage
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
6/24/2024
/ Bitcoin ,
Business Interruption ,
Business Losses ,
Civil Liability ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Material Misrepresentation ,
Negligence ,
NJ Supreme Court ,
No-Fault Insurance ,
Professional Liability ,
Terrorism Insurance
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention.
The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
4/18/2023
/ Advertising ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Insurance Claims ,
Insurance Industry ,
LA Supreme Court ,
Liability Insurance ,
Pollution Exclusion ,
TCPA
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
2/17/2023
/ Bodily Injury ,
Business Closures ,
Business Interruption ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
Duty to Defend ,
First Impression ,
Insurance Industry ,
Insurance Litigation ,
Opioid ,
Pollution Exclusion ,
Professional Liability
It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.
The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more
1/25/2023
/ Bodily Injury ,
Breach of Duty ,
Business Losses ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Fiduciary Duty ,
General Contractors ,
Insurance Brokers ,
Insurance Industry ,
Insurance Litigation ,
Intangible Property ,
Life Insurance ,
NC Supreme Court ,
OH Supreme Court ,
Pro Rata Allocation Rule ,
Ransomware ,
Suicide ,
Workers' Compensation Claim
Our November Insurance Update covers several topics.
We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more
11/22/2022
/ Air Pollution ,
Bad Faith ,
Bodily Injury ,
Business Interruption ,
Coronavirus/COVID-19 ,
DE Supreme Court ,
First-Party Coverage ,
Insurance Industry ,
NE Supreme Court ,
Trade Dress ,
Trademark Infringement ,
Trademarks
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update.
And in honor of the month’s most treasured sporting event, the Fall Classic, we...more
10/25/2022
/ Auto Insurance ,
Biometric Information Privacy Act ,
Business Interruption ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Duty to Defend ,
Insurance Industry ,
Insurrection ,
Intentional Torts ,
Kidnapping ,
Negligence ,
Personal Information ,
Umbrella Policies ,
Uninsured and Under-Insured Motorists ,
Western Union ,
Wire Fraud ,
Wrongful Death
Some important insurance decisions were handed down over the past month.
We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more
9/22/2022
/ Abatement ,
Actual Damages ,
Bodily Injury ,
Business Closures ,
Claims Made Policy ,
Commercial General Liability Policies ,
Computer Fraud Insurance ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Duty to Defend ,
Hazardous Substances ,
Insurance Industry ,
Lead Paint ,
OH Supreme Court ,
Pharmaceutical Industry ,
SC Supreme Court ,
Theft ,
WA Supreme Court ,
Wrongful Death
You’ll find some notable decisions in our May Insurance Update.
Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more
5/19/2022
/ Appellate Courts ,
Assignment of Benefits (AOB) ,
Bodily Injury ,
Business Interruption ,
Car Accident ,
Contaminated Properties ,
Coronavirus/COVID-19 ,
Duty of Care ,
Good Faith ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Negligence ,
Opioid ,
Post-Loss Claims ,
Property Damage ,
Public Nuisance ,
SC Supreme Court ,
Supply Chain ,
TX Supreme Court
We bring you our November Insurance Update.
Here’s what happened over the past month.
Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more
11/22/2021
/ Bodily Injury ,
Business Interruption ,
Business Losses ,
Car Accident ,
Causation ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Homicide ,
Injunctive Relief ,
Insurance Claims ,
Insurance Industry ,
NV Supreme Court ,
Policy Exclusions ,
Property Damage ,
Statutory Damages ,
TCPA ,
Telemarketing
Here’s our October Insurance Update.
The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court.
First, the Sixth Circuit joins the Eighth and...more
10/19/2021
/ Appellate Courts ,
Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Business Losses ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Insurance Claims ,
Insurance Industry ,
Misrepresentation ,
OIG ,
Personal Information ,
Prejudice ,
Professional Service Exclusion ,
Qui Tam ,
Subpoenas ,
USAA
September. Synonymous with back to school, the end of summer, and the start of the NFL season. And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the...more
9/20/2021
/ Arbitration ,
Business Interruption ,
Business Losses ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Debt Collection ,
FDCPA ,
Insurance Industry ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Misrepresentation ,
Pollution Exclusion ,
Property Damage ,
Reimbursements ,
Reservation of Rights
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues.
The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more
7/20/2021
/ Appellate Courts ,
Arson ,
Assault ,
Attorney Malpractice ,
Bad Faith ,
Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Discharge of Pollutants ,
Duty to Defend ,
Elder Abuse ,
FL Supreme Court ,
Fraudulent Concealment ,
Insurance Industry ,
Invasion of Privacy ,
KY Supreme Court ,
Living Trust ,
MSHA ,
Pollution Exclusion ,
Securities and Exchange Commission (SEC) ,
TCPA ,
WI Supreme Court
Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts.
We begin with a new twist on pandemic-related claims. ...more
1/26/2021
/ Bicycles ,
Breach of Contract ,
Captive Insurance Company ,
Coronavirus/COVID-19 ,
Easements ,
Harassment ,
KY Supreme Court ,
Motor Vehicles ,
MT Supreme Court ,
OK Supreme Court ,
Pedestrians ,
Pollution Liability Insurance ,
Property Insurance ,
TN Supreme Court ,
Unfair Claims Settlement Practices Act ,
Uninsured and Under-Insured Motorists ,
WA Supreme Court
We bring you our September Insurance Update.
A flurry of decisions over pandemic-related business interruption claims were handed down over the past month. We discuss many of these along with the MDL Panel’s decision not...more
In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers....
There were some important decisions over the past month from state high courts....more
4/28/2020
/ Biometric Information ,
Business Interruption ,
CA Supreme Court ,
Commercial Insurance Policies ,
Compensatory Damages ,
Coronavirus/COVID-19 ,
Homeowner's Insurance ,
Insurance Claims ,
Loss of Income ,
Malicious Prosecution ,
Pro Rata Sharing ,
Risk Retention ,
TX Supreme Court