Loading and Unloading Under GL and Auto Policies: 2024
On Demand Insurance is Here But Will it Stay?
Understanding Supplemental Spousal Liability Insurance in NY
We have written before about class actions involving disputes about automobile insurers’ valuations of wrecked vehicles deemed a total loss. See, e.g., Eleventh Circuit reverses dismissal of class action disputing State...more
If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more
Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more
The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more
The dispute arose when USA Underwriters rescinded an auto insurance policy due to material misrepresentation, rendering the policy void ab initio (from inception). Another insurance company, acting as the uninsured motorist...more
Join Goldberg Segalla partners Ashlyn M. Capote and Adam R. Durst for an interactive webinar addressing the latest decisions from courts across the country addressing the relationship between commercial general liability and...more
Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more
Progressive Express Insurance Company v. Rasier-DC, LLC, 2024 WL 1831535 (S.D. Fla. Mar. 19, 2024) - The defendant insurance company brought a declaratory judgment action to determine whether the policy it wrote to a...more
D’Elia v. Liberty Mutual Insurance Company et al., 2024 WL 2931140 (Sup. Ct. Waterbury, June 3, 2024) - In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was...more
After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more
Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more
Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more
On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more
The New York Department of Financial Services (DFS) previously circulated proposed guidance on using AI in underwriting and pricing to address discrimination. DFS requested public comment. Commenters expressed concern over: ...more
This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more
Prime Insurance Company v. Cordova, 2024 WL 513706, No. 22, 2024 (Del. Feb. 9, 2024) - This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to...more
In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more
On May 14, 2024, the Supreme Court of New Jersey affirmed last summer’s Appellate Division decision that a plaintiff injured while operating a low-speed electronic scooter did not qualify for Personal Injury Protection...more
On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz. Major...more
On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more
The Insurer issued an Auto Policy and an Umbrella Policy. The Auto Policy provided $100,000 of UIM coverage and the Umbrella Policy provided $2,000,000 of UIM coverage. Just like ARS § 12-555(C)(2),the Auto Policy barred UIM...more
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more