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Evidence Insurance Litigation Insurance Claims

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

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In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Cozen O'Connor

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

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In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more

Carlton Fields

Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract...

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In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

JUSTICENTER on

Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

Maison Law

How Traffic Camera Evidence is Changing Accident Litigation in California

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The use of traffic camera evidence is increasingly changing accident cases in California. While witness testimony can be helpful, it’s not always reliable. And some witnesses may not want to testify. The emergence of traffic...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Marshall Dennehey

Fourth District Court of Appeal Overturns Trial Court’s Ruling, Citing Lack of Evidence for Jury Award

Marshall Dennehey on

Universal Property and Casualty Ins. Co. v. Brilus, Fla. 4th DCA, No. 4D2023-2878, February 19, 2025 - The Fourth District Court of Appeal reversed the trial court’s denial of Universal’s motion for remittitur. Universal...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Marshall Dennehey

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

Marshall Dennehey on

Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Dashcam Footage in Tallahassee Car Accident Cases

Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily, collisions are bound to occur. Determining fault and liability in these incidents is often a...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

Marshall Dennehey on

Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...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

Zelle  LLP

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

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A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,...more

Morris James LLP

Understanding Legal Options After the Deadly I-495 DUI Crash

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Tragedy struck on I-495 when a wrong-way driver, allegedly under the influence, caused a fatal accident. (Delaware Online) This incident raises critical legal questions about civil liability in DUI-related fatalities. In...more

Zelle  LLP

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more

Snell & Wilmer

After the Fire: Assessing Coverage for Lingering Smoke Damage

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Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more

Rodemer Kane Attorneys at Law

Why Your Car Accident Settlement Could Be Delayed

Car accidents are a distressing experience, one that you typically want to put behind you as soon as possible. Trying to settle your claim quickly to cover medical bills, vehicle repairs, and other expenses often feels...more

Cozen O'Connor

Decision: Insurer Prevails on Motion in Limine to Exclude RCV Evidence at Trial

Cozen O'Connor on

In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more

Buchalter

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on

1) Preservation Demand.  Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....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...

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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

Zelle  LLP

“With a Gap in the Pleadings and Extrinsic Evidence Unavailable,” the Insurer has a Duty to Defend

Zelle LLP on

On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case...more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

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In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

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In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

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