News & Analysis as of July 27, 2025

Breach of Contract

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Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

Zelle LLP on 7/18/2025

Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy

Zelle LLP on 7/10/2025

A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes...more

For the Record: Cyber Coverage “For” a Security Breach is Ambiguous under New Mexico Law

Wiley Rein LLP on 7/8/2025

The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”...more

Court Enforces Pleading Standards and Dismisses Bad Faith Allegations

Zelle LLP on 3/19/2025

In Fif Engineering, LLC v. Pacific Employers Ins. Co., No. 24-665, 2025 WL 593384 (S.D. Tex. Feb. 24, 2025), a United States District Court for the Southern District of Texas, Houston Division, granted an insurer’s motion to...more

Court Sides with Long-Term Care Insurer Over Claim Denial and Potential Fraud

Faegre Drinker Biddle & Reath LLP on 6/10/2024

A judge from the District of Colorado recently issued an opinion that might leave the door open for long-term care insurers to void policies after the contestability period expires if an insured commits fraud. See Meyer v....more

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