News & Analysis as of

Disclosure Requirements Insurance Litigation

Cozen O'Connor

Nebraska AG Latest to Hit the Brakes on GM Data Practices

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Nebraska AG Mike Hilgers sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

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The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

Marshall Dennehey

Georgia Permits the Discovery of Litigation Funding – Will Other States Soon Follow?

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On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow....more

Skadden, Arps, Slate, Meagher & Flom LLP

A Deep Dive Into Intermediary Remuneration as the UK Supreme Court Considers Its Legality

Is payment to an intermediary, not by its client but by the financial service provider, an illegal inducement or a legitimate distribution cost? In Hopcraft, the UK Supreme Court will consider this perennial question. The...more

McGinnis Lochridge

Insurance Producer Exposure When Procuring Cover for Sophisticated Clients

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Generally speaking, insurance producers face fairly routine obligations when procuring cover. Every state imposes a general duty to exercise that degree of care, skill and diligence a reasonable producer would exhibit to his...more

Wiley Rein LLP

Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that...

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In a case in which Wiley represented one of the insurers, the Delaware Superior Court, applying Virginia law, has held that an exclusion in professional liability policies issued to an insurance company barring coverage for...more

Harris Beach Murtha PLLC

"No Surprises Act" Ruling Favors Regulators, Insurers

Federal regulators recently won a large legal victory when the Fifth Circuit Court of Appeals upheld several provisions of the rule regulating Qualified Payment Amount (“QPA”) calculations under the No Surprises Act (the...more

Kennedys

New Jersey’s new pre-suit policy disclosure requirement

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A recent change to the New Jersey Motor Vehicles and Traffic Regulation creates a pre-suit, time sensitive obligation to provide the disclosure of applicable policy limits....more

Littler

New York Greatly Expands – Then Slightly Contracts – Insurance Disclosure Requirements in Civil Actions

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New York’s insurance policy disclosure requirements have undergone noteworthy changes over the past few months. On December 31, 2021, Governor Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. ...more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation (UPDATED)

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Carlton Fields

Proposed Amendments to New York’s Comprehensive Insurance Disclosure Act Would Ease Burden on New York Litigants

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On December 31, 2021, New York Gov. Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, a sweeping reform to the disclosure obligations formerly required under CPLR 3101(f). As enacted, the Comprehensive...more

Bradley Arant Boult Cummings LLP

Beware of New Insurance Disclosure Requirements for Defendants in New York Litigation

On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation (UPDATED)

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Hinshaw & Culbertson - Insights for Insurers

Amendments Proposed to New York's Comprehensive Insurance Disclosure Act

The New York State Senate Rules Committee recently approved Senate Bill S7882, and that amended bill is now waiting for formal presentation to both the Senate and the Assembly. If passed and signed by Governor Hochul, the...more

Venable LLP

Changes on the Horizon? New York Senate Is Considering Changes to the Onerous Newly Enacted Comprehensive Insurance Disclosure Act

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On December 31, 2021, the Comprehensive Insurance Disclosure Act became the law of the land in New York. The Disclosure Act amends CPLR 3101(f) by significantly expanding the insurance-related information that a defendant...more

Jones Day

Newly Enacted Law Ups the Ante on Mandatory Insurance Disclosure Requirements in New York State Court Litigation

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New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more

Carlton Fields

Claim Managers Take Note: New York’s Comprehensive Insurance Disclosure Act Places New, Immediate, and Retroactive Disclosure...

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On December 31, 2021, New York Gov. Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, significantly increasing the disclosure requirements for defendants litigating in New York state court....more

Hinshaw & Culbertson - Insights for Insurers

New York Imposes Sweeping New Insurance Disclosure Requirements on Defense Counsel and Insurers

On December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the Act). The Act amends CPLR 3101(f) and was ostensibly implemented to combat "delaying tactics" by defense counsel and...more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Kennedys

Understanding New York’s Comprehensive Insurance Disclosure Act

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On December 31, 2021, New York Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. The Act, which is effective immediately, modifies C.P.L.R. § 3101(f) to require that any defendant...more

Rumberger | Kirk

Florida 3rd DCA Clarifies Duties of Insurance Carriers for Policy Change Notifications to Insureds

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On June 2, 2020, the Florida Third District Court of Appeal put insurers on notice that they (1) must provide their insureds with written disclosure notices summarizing the changes in their policies upon renewal and (2)...more

Robins Kaplan LLP

The Effect Of Coronavirus (COVID-19) On Directors And Officers (D&O) Insurance (UPDATED)

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Coronaviruses represent a large family of viruses that can cause respiratory illnesses. The 2003 Severe Acute Respiratory Syndrome (SARS) epidemic in China represented the first severe virus that resulted from a coronavirus,...more

Cozen O'Connor

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

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A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka...more

Carlton Fields

UCL and Financial Elder Abuse Claims Against Life Insurer Are Time-Barred

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Life insurers in California are all too familiar with claims based on alleged violations of senior notice statutes and financial elder abuse. ...more

BCLP

Friends Life v Miley: Court of Appeal finds no non-disclosure

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In Friends Life Limited v Miley, the Court of Appeal (CA) upheld a claim by Mr Miley under a group income protection insurance policy (the “Policy”) through a scheme operated by Friends Life Limited (“FL”). The CA did not...more

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