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
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
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