News & Analysis as of

Insurance Claims State and Local Government Insurance Industry

Kennedys

Proposed Washington code amendments modify insurer claims handling requirements

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Proposed Washington Administrative Code amendments would tighten the deadlines and increase insurers’ requirements while simultaneously finding a single misstep a basis for a violation....more

Phelps Dunbar

Louisiana Changes its "Proof of Loss" Law

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The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding...more

WaterStreet Company

Certified Mail vs. Proof of Mail for Insurance

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Insurance carriers operate in one of the most regulated industries. Communication with policyholders is not only essential, but legally required. When sending cancellation notices, conditional renewals, or premium increases,...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

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The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

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It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Unique Challenges in Truck Accident Investigations: A Behind-the-Scenes Look

Truck accidents are among the most devastating and complex types of motor vehicle collisions. Due to the size and weight of commercial trucks, these accidents often result in severe injuries, fatalities, and significant...more

Carlton Fields

Florida Broadens Use of Proposals for Settlement by Enacting House Bill 837: Proposals for Settlement Can Now Be Served in Civil...

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On March 24, 2023, Gov. Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. While other articles have discussed the wide-ranging effects of this new law, this post focuses specifically on how the law alters...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

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After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Steptoe & Johnson PLLC

Fourth Circuit Upholds Dismissal of Insurance Claim for Pandemic Related Business Losses

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In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

Flaster Greenberg PC

COVID Insurance Cases Highlight Federal-State Court Tension

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The coronavirus pandemic has spawned an unprecedented nationwide explosion of insurance coverage litigation. Nothing calls to mind an event triggering over 2,000 and counting similar lawsuits spread over most of the 50 states...more

Sheppard Mullin Richter & Hampton LLP

Insurers Owe No Coverage for COVID-19 Related Business Interruption Losses Under Commercial Property Policies Insuring “Direct...

Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting...more

Bressler, Amery & Ross, P.C.

SB76: Florida’s Attempt to Reduce Insurance Litigation and Attract Insurance Carriers

Introduction: On July 1, 2021, Florida’s Senate Bill 76 (“SB76”), which modified several provisions that impact Florida’s property insurance litigation, went into effect. This bill was Florida’s latest attempt to stabilize...more

Chartwell Law

Florida Senate Bill 76 Signed Into Law

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On April 30, 2021, the Florida legislature passed SB 76, which includes important provisions that will impact Florida property insurance claims handling and litigation. Governor Ron DeSantis signed the bill into law on June...more

Troutman Pepper Locke

New Jersey Considering Legislation That Would Authorize Insurers to Provide Policy Riders Covering Global Virus Transmission or...

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The New Jersey Assembly is currently considering legislation that would authorize property insurers offering coverage for loss of use and occupancy and business interruption to provide their insureds a rider covering global...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

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Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Snell & Wilmer

Questions and Answers for Businesses Seeking COVID-19 Insurance Coverage

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What type of insurance coverage may be available for losses to my business? The type of coverage that may be available depends on the nature of loss you suffered and the wording of your insurance policies. Companies that...more

Hinshaw & Culbertson - Insights for Insurers

California Department of Insurance Issues Notice to Insurers to Comply with their Legal Requirements with Respect to COVID-19...

On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more

Zelle  LLP

California: Developments in COVID-19 Business Interruption Claims

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As the shelter-in-place orders continue to impact businesses across California, California’s lawmakers are responding to the growing unrest voiced by the state’s business owners. Developments at the State Level - ...more

Faegre Drinker Biddle & Reath LLP

State Insurance Spotlight: Washington State OIC Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Washington State Office of the Insurance...more

Troutman Pepper Locke

Texas Department of Insurance Announces Extension of Claims Handling Deadlines Due to COVID-19

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The Texas Department of Insurance (TDI) has announced that the claims-handling deadlines imposed by Texas prompt-payment laws are extended by 15 days. The extension will assist carriers in responding to the Coronavirus...more

Carlton Fields

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

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This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

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