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WaterStreet Company

2025 Hurricane Season for Insurance

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As the 2025 hurricane season unfolds, insurance companies prepare. Early summer is time to closely monitor hurricane forecasts, assess risks, and account for financial implications that could arise due to increased property...more

WaterStreet Company

2025 Wildfire Trends for P&C Insurance

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The 2025 wildfire season has reached above-average activity across the United States with over 26,500 wildfires within the first 5 months of the year. For P&C insurance experts, the scope and implications of these wildfires...more

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

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In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

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In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for...more

Hinshaw & Culbertson LLP

How the 2024 U.S. Election Results Will Impact Insurers: A First Attempt at Reading the Tea Leaves

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The results of the November 5, 2024, election in the United States will almost certainly have profound consequences within the country and across the globe. The election will surely impact policyholder exposures, insurer...more

Carlton Fields

“Common Sense Should Prevail” — Federal Court Recognizes Exception to “Eight-Corners Rule,” Allows Use of Undisputed Extrinsic...

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In Southern-Owners Insurance Co. v. Midnight Tires Inc., the U.S. District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the...more

Butler Weihmuller Katz Craig LLP

Federal Court Applying Alabama Law Finds That Insurer Has No Duty To Defend Failure-to-disclose Action

The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more

Carlton Fields

Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments...

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In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural...more

Butler Weihmuller Katz Craig LLP

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

Carlton Fields

Eleventh Circuit Holds Fungi or Bacteria Exclusion Inapplicable Because Cooling Tower Containing Legionella Was Not a “Building”...

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On June 28, 2023, the Eleventh Circuit Court of Appeals issued an opinion in Southern-Owners Insurance Co. v. Waterhouse Corp. affirming that fungi or bacteria exclusions did not apply because a cooling tower that allegedly...more

Butler Weihmuller Katz Craig LLP

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more

Jones Day

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

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In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

Butler Weihmuller Katz Craig LLP

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida...

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more

Butler Weihmuller Katz Craig LLP

Home Again, Home Again, Jiggity Jig – Are Pennsylvania Courts Misconstruing the Residency Requirement?

Residency has long been the touchstone of insurability when it comes to homeowners insurance. Courts applying Pennsylvania law have held that residency is a condition precedent to insurance coverage under a policy insuring a...more

Lowndes

Co-Insured vs. Additional Insured: Which One to Choose and Why It Matters?

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Did you know that unrelated third parties (like a landlord and a tenant) should not be named a “co-insured” or even a “named insured” on another party’s insurance policy? In fact, the coverage provided to an unrelated third...more

Hogan Lovells

Insurance regulatory news, February 2021 # 4

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COVID-19: FCA update on BI insurance test case - The UK Financial Conduct Authority (FCA) has updated its webpage on its business interruption (BI) insurance test case....more

Hogan Lovells

Insurance regulatory news, January 2021 # 2

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COVID-19: Supreme Court judgment in FCA's BI insurance test case - On 15 January 2021, the Supreme Court handed down judgment in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 on the issues on appeal from the High...more

Wiley Rein LLP

Insurer Had No Duty to Defend or Indemnify for Lawsuit Refiled During the Policy Period

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Applying Illinois law, a federal district court has held that an insurer did not have a duty to defend or indemnify for a lawsuit that was filed and dismissed prior to the policy period and later refiled during the policy...more

Robins Kaplan LLP

Don’t Stop the Music: The Intersection Between Insurance and The Music Industry in the Era of COVID-19

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As More Live Performances Are Cancelled, Limited In Size Or Postponed, Venues, Festival Organizers, Artists And Others Are Looking For Relief From The Financial Impact Caused By The Coronavirus Crisis....more

Bricker Graydon LLP

Coronavirus and captives...the new future of insurance?

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In 2014, the State of Ohio had the foresight to pass a captive insurance bill (H.B. 117). While captive insurance companies were allowed to operate in Ohio, captive domestics were prohibited in the Buckeye State. At the time,...more

Hogan Lovells

The Spanish insurance sector in the light of the COVID-19 pandemic

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1. Introduction - As from the second week of March 2020, we have witnessed the publication of several laws that seek to address the significant challenges posed by the (health, economic and social) crisis caused by the...more

Cozen O'Connor

Insurers Must Inform Washington Insureds of the Availability of Insurance Commissioner Assistance

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As of August 1, 2020, Washington will join the growing number of jurisdictions requiring insurers to inform insureds that they may seek guidance from state insurance regulators — in this case, the Washington Insurance...more

Hogan Lovells

UK: FCA Signposts Travellers with Pre-Existing Medical Conditions To Better Outcomes

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Some consumers with pre-existing medical conditions (“PEMCs”) have problems navigating the travel insurance market and finding affordable cover given their medical conditions. Some are declined cover, only offered cover that...more

Carlton Fields

Eighth Circuit Reinstates Arbitration Award Stemming From Federal Crop Insurance Policy

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The Eighth Circuit reversed a district court decision vacating an arbitration award relating to a federal crop insurance policy issued through a standard reinsurance agreement with the Federal Crop Insurance Corp. (FCIC). The...more

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