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
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
When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed.
Originally published in Law360, 2022....more
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
A recent federal appeals court case applying Utah law goes to the heart of the conflict that arises between a policyholder and insurer when an insurer defends a policyholder under a reservation of rights and receives a...more
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases.
The state high courts address:
•From whose perspective should a consent-to-settle provision be judged?
•What standard...more
3/18/2021
/ Appellate Courts ,
Attorney Malpractice ,
AZ Supreme Court ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Executives ,
Data Breach ,
Declaratory Judgments ,
Default Judgment ,
Duty to Defend ,
Email ,
Failure To Disclose ,
Fire Insurance ,
Forgery ,
Fraudulent Transfers ,
Hackers ,
Homeowners ,
Independent Contractors ,
Insurance Industry ,
Insurance Litigation ,
Insurer Liability ,
KY Supreme Court ,
Mediation ,
Motion for Summary Judgment ,
MT Supreme Court ,
NE Supreme Court ,
Objective Standard ,
Phishing Scams ,
Property Damage ,
Reservation of Rights ,
Spoofing ,
State Farm ,
Stocks ,
Summary Judgment ,
Target ,
Texas ,
Wells Fargo ,
Wire Fraud
Here is what we cover in our December Insurance Update.
In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy.
A New Jersey federal judge considers whether...more
12/18/2020
/ Appellate Courts ,
Auto Insurance ,
Class Action ,
Copyright Infringement ,
Disparagement ,
Email ,
False Statements ,
IL Supreme Court ,
Insurance Litigation ,
Lanham Act ,
Salmonella ,
Spoofing ,
Summary Judgment
First and foremost, we hope everyone is staying safe and healthy.
As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult...more