Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes...more
10/3/2022
/ Appeals ,
Business Interruption ,
Causation ,
Construction Defects ,
Design Defects ,
FL Supreme Court ,
Flood Insurance ,
Hurricane Season ,
Insurance Claims ,
Insurance Industry ,
National Flood Insurance Program ,
Natural Disasters ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Wind Damage
I understand that it may seem early to be addressing possible coverage issues, under homeowner’s policies, for the devastation in Florida caused by Hurricane Ian. At the moment, those affected are dealing with a major...more
9/30/2022
/ Coronavirus/COVID-19 ,
Exclusions ,
Federal Rules of Evidence ,
Flood Insurance ,
Governor DeSantis ,
Homeowner's Insurance ,
ISOs ,
National Flood Insurance Program ,
Natural Disasters ,
Property Damage ,
Severe Weather
Last week, the New Jersey Supreme Court decided Norman International, Inc. v. Admiral Insurance Company, No. 086155 (N.J. Aug. 11, 2022). At issue was coverage for a work-site injury and the interpretation of a policy...more
Yesterday, on December 10, 2020, the Supreme Court of Washington spoke: a bicyclist is a “pedestrian.” As a result, coverage was owed under an automobile policy.
Many reading this do not handle claims under auto policies....more
Back in the day, additional insureds were oftentimes afforded coverage for liability “arising out of” the named insured’s work for the additional insured. When confronted with such language, courts often concluded that it...more
It is well known that, under New York statutory law, an insurer that fails, in a timely manner, to advise a claimant of a disclaimer to its insured for a bodily injury claim can waive certain coverage defenses. This is a...more
When it comes to commercial general liability coverage, sometimes things are not what they seem. Some policy language looks like it has a clear meaning. But it turns out that there is more than meets the eye. To see this, you...more
This morning a hearing was held via Zoom before the Judicial Panel on Multidistrict Litigation (MDL) addressing whether the hundreds of COVID-19 coverage actions, pending in federal courts far and wide, should all be...more
On Wednesday, March 25, 2020, Thomas Keller Restaurant Group filed a declaratory judgment action against Hartford Fire Insurance Company, in the Superior Court of California, seeking coverage for business income losses on...more
"What’s in a name?," the Bard asks in Romeo and Juliet. For some a lot, as focus turns to whether Business Interruption policies will cover the massive financial losses stemming from the coronavirus....more
The New Jersey legislature recently introduced a bill designed to compel insurance companies to pay some business interruption claims arising out of the coronavirus. The law’s drafters are aware that, to do so, they are...more
It wasn’t a question of if, but when. And the wait wasn’t long.
Yesterday's suit was filed in a Louisiana state court by a restaurant seeking a declaration of coverage for coronavirus-caused losses under a business...more
The coronavirus is contagious. The same can be said of articles, penned by coverage lawyers, addressing the potential availability of insurance for losses tied to the pandemic. We've lost track of how many we've seen....more
As economic losses from the COVID-19 pandemic continue to mount, there has been much discussion about the potential availability of insurance, especially under Business Interruption policies. In 2006, ISO adopted a mandatory...more
There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the...more
3/11/2020
/ Bodily Injury ,
Business Interruption ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty to Defend ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Premises Liability
The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute.
But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more
Earlier today the Washington Supreme Court issued its highly-anticipated decision in Keodalah v. Allstate Insurance Company. The coverage community was anxiously waiting to learn if an employee claims adjuster could be sued...more
10/4/2019
/ Bad Faith ,
Claims Adjusters ,
Common Law Claims ,
Consumer Protection Laws ,
Dissenting Opinions ,
Good Faith ,
Insurance Industry ,
Jury Trial ,
Popular ,
Private Right of Action ,
Reversal ,
Subsequent Litigation ,
Uninsured and Under-Insured Motorists ,
Vicarious Liability ,
WA Supreme Court