In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more
In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more
9/18/2023
/ Car Accident ,
Consumer Insurance Products ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Lyft ,
Motor Vehicles ,
Policy Terms ,
Ridesharing ,
Transportation Network Companies ,
Uninsured and Under-Insured Motorists
As the Florida Legislature and Florida courts continue to grapple with the issue of assignments of benefits in property claims, the Fourth District Court of Appeal recently weighed in on a matter involving the validity of a...more
Various homeowner’s insurance policies contain an appraisal clause that a carrier or insured may invoke in situations where there is a dispute in damages between the parties. ...more
A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more
2/18/2020
/ Asset Recovery ,
Auto Insurance ,
Automotive Loans ,
Breach of Contract ,
Car Accident ,
Consumer Financial Products ,
Consumer Lenders ,
Duty to Protect ,
Insurable Interests ,
Insurance Claims ,
Insurance Litigation ,
Lease Financing ,
Lienholders ,
Loss Payee ,
Policy Terms ,
Progressive Casualty Insurance Company ,
Property Damage ,
Repairs ,
Summary Judgment ,
Third-Party Beneficiaries
Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more
10/21/2019
/ CA Supreme Court ,
Choice-of-Law ,
Construction Project ,
Consumer Insurance Products ,
Contaminated Properties ,
Contract Disputes ,
Contract Terms ,
Denial of Insurance Coverage ,
Educational Institutions ,
Jurisdiction ,
Lead ,
Notice Prejudice Rule ,
Notice Requirements ,
Policy Terms ,
Public Policy ,
Site Remediation ,
State and Local Government