News & Analysis as of

Insurance Claims

Phelps Dunbar

Texas Supreme Court Victory for UM/UIM Insurers Faces Possible Reversal

Phelps Dunbar on

In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM...more

Searcy Denney Scarola Barnhart & Shipley

The Bystander Effect: Can You Sue if You Witnessed a Loved One’s Crash and Suffered Emotional Harm?

Witnessing a serious car accident can be a traumatic experience. This is especially true when a loved one is severely injured in the crash....more

Butler Snow LLP

My Opinion About Insurance Coverage Opinions

Butler Snow LLP on

As anyone with a large insurance practice knows, insurance companies sometimes reach out to outside counsel not to request the defense of a lawsuit against an insured (or perhaps the insurer itself), but instead to ask for a...more

Eversheds Sutherland (US) LLP

Registered Representatives Beware: FINRA Can Discipline You for More Than Your Securities Business

FINRA only brings disciplinary actions against registered representatives (RRs) for their securities business, right? Wrong! FINRA often brings cases against RRs for conduct not related to their securities business....more

Searcy Denney Scarola Barnhart & Shipley

Crash and Burnout: The Mental Health Toll of Car Accidents (and What Victims Can Do About It)

Being involved in a serious car accident can take a significant toll on your mental health. While accident victims often focus on the physical and financial consequences of their injuries, the mental health consequences can...more

A&O Shearman

Advancing and Winning W&I Insurance Claims - Practical Strategies for Post-M&A Disputes

A&O Shearman on

When a dispute arises after completion of an M&A transaction, buyers often find themselves facing complex challenges in recovering losses for breaches of warranty or under an indemnity clause. Warranty and indemnity (W&I)...more

Orrick, Herrington & Sutcliffe LLP

California enacts law requiring interest on hazard insurance proceeds

On August 29, California enacted AB 493, which mandates that financial institutions holding hazard insurance proceeds in a loss draft account — while property repairs are pending — pay at least 2 percent simple annual...more

Carlton Fields

Pennsylvania District Court Denies Mortgagee’s Late Suit Against Homeowner’s Insurer as Barred by Policy’s Limitations Clause

Carlton Fields on

The U.S. District Court for the Middle District of Pennsylvania recently granted summary judgment in an insurance coverage dispute between intervenor LoanDepot.com LLC and Allstate Insurance Co., holding that LoanDepot’s suit...more

Wiley Rein LLP

Post-Termination Correspondence between Insured and its Former Officer Did Not Constitute a “Claim”

Wiley Rein LLP on

The United States Court of Appeals for the Eleventh Circuit, applying Florida law, has held that letters from an insured company explaining the basis for termination of its CEO and President and requesting that he preserve...more

Bradley Arant Boult Cummings LLP

Maryland High Court Ruling Clarifies Claim Assignment

A policyholder's ability to assign its rights to insurance proceeds can be an effective tool of risk mitigation. However, insurance policies often incorporate assignment clauses, which require policyholders to obtain their...more

Quinn Emanuel

The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or...

Quinn Emanuel on

In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more

Woodruff Sawyer

When Doctors Disappear: Addressing the Human Cost of a Strained Workers’ Comp System

Woodruff Sawyer on

In the last few years, there has been a growing shortage of physicians to treat workers’ compensation cases across the country. Employees who are injured on the job are finding it increasingly difficult to access timely and...more

Whiteford

Client Alert: The Myth of "Unit-to-Unit" Issues in Condominiums

Whiteford on

When a pipe bursts in a single-family home, the fallout is typically confined to the owner, the insurer, and perhaps the plumber. In a condominium, that identical pipe failure can set off a chain reaction of obligations that...more

Searcy Denney Scarola Barnhart & Shipley

From Fender Bender to Financial Ruin: The Real Cost of Hidden Injuries After a Minor Crash

Fender benders are often thought of as “minor” crashes. However, while this is sometimes true, even relatively low-speed collisions can cause serious injuries in some cases. ...more

Wiley Rein LLP

Court Finds Class Action Lawsuits Regarding Rental Management Programs to Constitute “Related Claims”

Wiley Rein LLP on

The United States District Court for the District of Montana, applying Montana law, has held that two class-action lawsuits regarding rental management agreements filed during different policy periods were “Related Claims”...more

Carlton Fields

A Collage of Cases: Recent Decisions in Life, Disability, and Accidental Death Insurance Litigation

Carlton Fields on

ERISA – Attorneys’ Fees and Social Security Disability Offset - In Stark v. Reliance Standard Life Insurance Co., the Tenth Circuit Court of Appeals affirmed a district court order dismissing ERISA claims brought by the...more

Carlton Fields

Insurer Stripped of Coverage Defenses for Models’ Suit Against Insured Club

Carlton Fields on

Declining to find any of the insurer’s proffered exclusions applicable, a federal district court in Minnesota sided with the insured — a strip club that was sued for using models’ images without permission in its online...more

Troutman Pepper Locke

New York Legislators Investigate Residential Property Insurance

Troutman Pepper Locke on

In a press release published August 25, New York Senators James Skoufis, Jamaal Bailey, and Brian Kavanagh announced a joint investigation into residential property insurance. The purpose of the investigation is “to identify...more

Searcy Denney Scarola Barnhart & Shipley

Do You Have a Case? Understanding Your Legal Rights After an Injury

Suffering an injury can impact your life in unexpected ways. Not only can injuries cause severe pain and lead to expensive medical bills, but they can also lead to lost earnings, emotional trauma, and other financial and...more

Mandelbaum Barrett PC

What Makes Catastrophic Brain Injury Cases Different From Other Personal Injury Claims?

Mandelbaum Barrett PC on

The moment a traumatic brain injury occurs, everything changes for you and your family. Unlike a broken bone that heals or a cut that leaves a scar, brain injuries create invisible wounds that can permanently alter...more

J.S. Held

When the Smoke Clears: Business Interruption Claims from Wildfire Evacuations Without Physical Damage

J.S. Held on

Over the past three to four summers, the insurance industry has seen a significant increase in wildfire evacuation claims (also known as civil authority). The Insurance Bureau of Canada ranked the summer of 2024 as the...more

Husch Blackwell LLP

Wisconsin Court of Appeals Clarifies Insurer's Right to Statutory Subrogation for Minnesota PIP Benefits

Husch Blackwell LLP on

In an unpublished decision, the Wisconsin Court of Appeals recently addressed the interplay between contractual and statutory subrogation rights in the context of out-of-state personal injury protection benefits. The decision...more

Zelle  LLP

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

Zelle LLP on

In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

Wiley Rein LLP

Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim

Wiley Rein LLP on

The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more

Pillsbury - Policyholder Pulse blog

California Appeals Court Reinforces that Insurer Failure to Investigate Potential Bases for Coverage Outside the Pleadings Can...

In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more

2,923 Results
 / 
View per page
Page: of 117

"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