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
We roll out our December Insurance Update just in time for the holidays. Here’s what’s inside:
•The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
•A...more
Our November Insurance Update covers several topics.
We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more
11/22/2022
/ Air Pollution ,
Bad Faith ,
Bodily Injury ,
Business Interruption ,
Coronavirus/COVID-19 ,
DE Supreme Court ,
First-Party Coverage ,
Insurance Industry ,
NE Supreme Court ,
Trade Dress ,
Trademark Infringement ,
Trademarks
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update.
And in honor of the month’s most treasured sporting event, the Fall Classic, we...more
10/25/2022
/ Auto Insurance ,
Biometric Information Privacy Act ,
Business Interruption ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Duty to Defend ,
Insurance Industry ,
Insurrection ,
Intentional Torts ,
Kidnapping ,
Negligence ,
Personal Information ,
Umbrella Policies ,
Uninsured and Under-Insured Motorists ,
Western Union ,
Wire Fraud ,
Wrongful Death
Some important insurance decisions were handed down over the past month.
We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more
9/22/2022
/ Abatement ,
Actual Damages ,
Bodily Injury ,
Business Closures ,
Claims Made Policy ,
Commercial General Liability Policies ,
Computer Fraud Insurance ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Duty to Defend ,
Hazardous Substances ,
Insurance Industry ,
Lead Paint ,
OH Supreme Court ,
Pharmaceutical Industry ,
SC Supreme Court ,
Theft ,
WA Supreme Court ,
Wrongful Death
State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids....more
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...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
Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more
3/22/2022
/ ASIC ,
Assault ,
Bodily Injury ,
Collusion ,
Confidential Information ,
CT Supreme Court ,
Duty to Defend ,
Evidence ,
Extrinsic Evidence ,
Fire Insurance ,
Insurance Industry ,
Malware ,
No Contest Clause ,
Property Damage ,
Property Insurance ,
Reservation of Rights ,
State Attorneys General ,
Trademark Infringement ,
TX Supreme Court
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
Cases discussed in our January Insurance Update answer these questions:
•A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more
1/24/2022
/ Asbestos ,
Auto Insurance ,
Commercial Crime Insurance Polices ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Exclusions ,
Hazardous Waste ,
Independent Contractors ,
Insurance Industry ,
Liability Insurance ,
Online Payments ,
Opioid ,
Payment Processors ,
Pharmaceutical Industry ,
Phishing Scams ,
Property Damage ,
Third-Party ,
Trucking Industry ,
Wastewater ,
Wells Fargo ,
Wind Damage
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
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
Here is what you will find in our August Insurance Update:
•Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms-
•Fifth Circuit Finds Insurer...more
8/23/2021
/ Bodily Injury ,
Credit Cards ,
D&O Insurance ,
Data Breach ,
False Arrest ,
Insurance Industry ,
Mine Safety and Health Administration (MSHA) ,
Personal Information ,
Pollution Exclusion ,
Ponzi Scheme ,
State Securities Claims ,
Wrongful Acts
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
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
Our February insurance update discusses several issues involving first-party and third-party insurance claims.
•The Florida Supreme Court answers a certified question about the type of damages available to first-party...more
2/18/2021
/ Bodily Injury ,
Commercial General Liability Policies ,
Contractors ,
Damages ,
FL Supreme Court ,
Groundwater ,
Homeowners ,
Insurance Industry ,
Oil Spills ,
Partial Summary Judgments ,
Property Damage
Our November Insurance Update touches upon some novel issues.
•Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy?
•Must a workers’...more
11/19/2020
/ Auto Insurance ,
Commercial General Liability Policies ,
Construction Contracts ,
Contaminated Properties ,
Contractors ,
D&O Insurance ,
Hazardous Substances ,
Insurance Industry ,
Landlords ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Methamphetamine ,
Pollution Exclusion ,
Rental Property ,
Third-Party ,
Workers' Compensation Claim
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