News & Analysis as of

Breach of Contract Contract Terms Insurance Claims

Polsinelli

Sixth Circuit Holds TPAs Do Not Get a Free Pass from ERISA’s Fiduciary Duties

Polsinelli on

In a decision about ERISA’s fiduciary duties and transparency, the Sixth Circuit in Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan held that Blue Cross Blue Shield of Michigan (BCBSM), a third-party administrator...more

Wiley Rein LLP

Fifth Circuit Holds Carve-Back Provision Could Not Overcome Breach of Contract Exclusion for Louisiana Wage Payment Act Claim

Wiley Rein LLP on

The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required...more

J.S. Held

Tariffs and Trade Series: Impact on the Insurance Industry for Construction Claims

J.S. Held on

The newly announced tariff policy from the United States has upended expectations for the global economy. The US tariffs are poised to potentially reshape global supply chains, impact regulatory compliance, and pressure...more

Carlton Fields

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

Carlton Fields on

In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Marshall Dennehey

Fourth District Court of Appeal: Noncompliance with Post-Loss Requirements Is a Contract Breach, No Prejudice to Insurer Needed

Marshall Dennehey on

Alton Forbes v. People’s Trust Ins. Co., Fla. 4th DCA, No. 4D2023-2375, January 8, 2025 - The Fourth District Court of Appeals ruled that the final judgment against the appellant stands because the appellant failed to comply...more

Marshall Dennehey

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

Marshall Dennehey on

Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the...more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Marshall Dennehey on

Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

Marshall Dennehey on

Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

Pillsbury - Policyholder Pulse blog

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit...more

Quarles & Brady LLP

2024 Wisconsin Insurance Case Law Update

Quarles & Brady LLP on

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you...more

Cozen O'Connor

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

Cozen O'Connor on

In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and...more

Rivkin Radler LLP

February 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Carlton Fields

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

Carlton Fields on

The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Zelle  LLP

The Southern District of Texas Reaffirms That an Insured has the Burden to Identify a Covered Loss During the Policy Period and...

Zelle LLP on

This seems like a simple concept; however, this is the exact question that the Honorable Judge Lee Rosenthal was asked to address in Cutchall v. Chubb Lloyd’s Ins. Co. of Texas, CIVIL ACTION NO. 23-3745, 2024 WL 5264707,...more

White and Williams LLP

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

Gray Reed

Insurance Coverage Not Limited by a Texas Service Agreement

Gray Reed on

As you negotiate your master service agreements are you confident that you know how insurance choices might affect indemnity obligations? Me neither. That’s why I turn to my Gray Reed partner Darin Brooks and his insurance...more

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

Farrell Fritz, P.C. on

The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Seyfarth Shaw LLP

California Courts Weigh in on Contractual Obligations in the Era of COVID-19

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more

Robins Kaplan LLP

Don’t Stop the Music: The Intersection Between Insurance and The Music Industry in the Era of COVID-19

Robins Kaplan LLP on

As More Live Performances Are Cancelled, Limited In Size Or Postponed, Venues, Festival Organizers, Artists And Others Are Looking For Relief From The Financial Impact Caused By The Coronavirus Crisis....more

Blank Rome LLP

COVID-19 Litigation Report – August 2020 #1

Blank Rome LLP on

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and...more

Jackson Walker

COVID-19 & Your Business: Frequent Questions

Jackson Walker on

With heightened concern about the possible spread of COVID-19, a number of issues arise that concern businesses of all kinds. In this article, we discuss some questions companies frequently ask. Because physicians and...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide