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Breach of Contract Insurance Industry Commercial Insurance Policies

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

Conn Kavanaugh on

Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

Bradley Arant Boult Cummings LLP

Navigating Recovery Allocation Provisions: Insights from National Union Fire Insurance v. RealPage

Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute

A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs....more

Alston & Bird

Insurance Insights for the Dog Days of August

Alston & Bird on

Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Hinshaw & Culbertson - Insights for Insurers

Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage

Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

Jaburg Wilk on

The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

White and Williams LLP

The Coverage Fun House Mirror: When Things Are Not What They Seem

White and Williams LLP on

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

Bradley Arant Boult Cummings LLP

Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion

One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike...more

White and Williams LLP

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case

White and Williams LLP on

On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018). This replaced an earlier opinion dated April 7,...more

White and Williams LLP

Texas Supreme Court to Rehear Menchaca Bad Faith Case

White and Williams LLP on

On December 15th, the Texas Supreme Court agreed to revisit its April 7, 2017 decision in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, a “bad faith” case arising out of Hurricane Ike damage, in which the court held that a...more

Holland & Knight LLP

Religious Institutions Update: August 2016

Holland & Knight LLP on

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Zelle  LLP

Waiving the Right to Appraisal Just Got Easier in Texas

Zelle LLP on

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

Cozen O'Connor

Eleventh Circuit: Inventory Computation Exclusion Bars Alabama Employee Theft Claim

Cozen O'Connor on

In February, we reported on an Alabama federal court decision that barred an insured from recovering for employee theft where the only evidence of shortage was a comparison between computer records and a physical inventory...more

Cozen O'Connor

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

Cozen O'Connor on

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

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