Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more
5/18/2023
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Material Misstatements ,
Medicare ,
Professional Liability ,
Qui Tam ,
TX Supreme Court
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
We bring you our March Insurance Update.
As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month.
In a dispute over the priority of coverage, the...more
3/16/2023
/ Bias ,
CT Supreme Court ,
Disinterested Parties ,
FEHA ,
FL Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
NJ Supreme Court ,
Policy Exclusions ,
Public Adjusters ,
Retaliation ,
Self-Insurance ,
State Farm ,
Umbrella Policies
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
Cases in our April Insurance Update address several questions:
•Are costs incurred to comply with a subpoena covered?
•What must an insured show to rebut the presumption of prejudice in a late notice situation?
•What...more
4/21/2022
/ Amtrak ,
Appellate Courts ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
Data Breach ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
Notice Requirements ,
Pollution Liability Insurance ,
Prejudice ,
Property Damage ,
Retroactivity ,
Securities ,
Subpoenas ,
Target
Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update.
•A county experienced higher costs due to the opioid crisis. Does its...more
2/23/2022
/ Advertising ,
Bodily Injury ,
Contaminated Properties ,
Duty to Defend ,
Email ,
Environmental Violations ,
Fraud ,
Fraudulent Transfers ,
GEICO ,
Insurance Claims ,
Insurance Industry ,
Logos ,
Opioid ,
Pharmacies ,
Property Damage ,
Trade Dress
Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many...more
Our December Insurance Update features four cases.
The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy.
A Texas appellate court considers, for a second time, if damage from...more
12/21/2021
/ Bodily Injury ,
Demolition ,
Employee Retirement Income Security Act (ERISA) ,
Homeowners ,
Insurance Claims ,
Insurance Industry ,
MN Supreme Court ,
Policy Exclusions ,
Property Damage ,
Property Insurance ,
Public Policy ,
Trustees
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
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