News & Analysis as of

Insurance Claims Unfair or Deceptive Trade Practices

Wiley Rein LLP

Insurer Has No Duty to Interplead Policy Limits Under Montana Law When Faced with Multiple Claimants and Potentially Insufficient...

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Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not...more

Troutman Pepper Locke

Litigation Heats Up Over Air Ambulance Billing Practices Under the No Surprises Act

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There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices. ...more

Arnall Golden Gregory LLP

Federal Court Certifies Class Action Against Blue Cross Blue Shield of Montana for Improperly Denying Large Dollar Claims

The Chief Judge of the U.S. District Court for the District of Montana recently certified a class action against Blue Cross Blue Shield of Montana for its standard operating procedure of reviewing and denying claims in...more

Buchalter

LA Wildfire Insurance Update: Policyholder Rights and Coverage Concerns

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As policyholders take stock of their losses and begin the daunting task of rebuilding their homes and their lives, the California Insurance Commissioner continues to address various policyholder concerns and insurance...more

Rivkin Radler LLP

January 2025 Insurance Update

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We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Cozen O'Connor

Claims Notes: March 2024

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After a yacht ran aground, the owner filed a maritime insurance claim. Despite a New York choice of law provision in the insurance policy, the owner contended that Pennsylvania law applied. The Third Circuit had protected the...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

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For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Houston Harbaugh, P.C.

First State Supreme Court Decision Holds No Business Interruption Coverage for Covid Shutdowns

Houston Harbaugh, P.C. on

On April 21, 2022, the Massachusetts Supreme Judicial Court affirmed the trial court’s decision that several restaurants were not entitled to business interruption coverage for losses resulting from shutdown orders issued by...more

Rivkin Radler LLP

Justices May Hesitate to Review Calif. Fraud Coverage Case

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Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Lowenstein Sandler LLP

Five Tips To Help Navigate The Insurance Claims Process

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Companies purchase liability insurance, often referred to as “litigation insurance,” to help manage the risk of lawsuits they may face. Most policyholders understand that they need to provide notice of claims, but there are a...more

Farella Braun + Martel LLP

“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims

Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19

A trend is emerging with recently filed litigation involving the COVID-19 pandemic. We are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to...more

Robins Kaplan LLP

2019 Case Developments: Are Massachusetts Insurers Required To Be Perfect In An Imperfect World?

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CAN MISSTEPS IN CLAIM HANDLING CAUSE MASSACHUSETTS INSURERS TO BE HELD LIABLE FOR BAD FAITH? DO MASSACHUSETTS COURTS HOLD INSURERS TO A STANDARD OF PERFECTION? SEE HOW THE 2019 CASES ANSWER THESE IMPORTANT QUESTIONS. ...more

Troutman Pepper Locke

Federal Court in North Carolina Enforces Insurers’ Duty to Defend a General Contractor as an Additional Named Insured Under the...

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Westfield Ins. Co. v. Weaver Cooke Constr., LLC, 2019 BL 129431 (E.D.N.C. Apr. 11, 2019) - This case arises out of the alleged defective construction of a condominium complex in North Carolina. In 2009, the developer on...more

Zelle  LLP

Limited Power of Attorney No Substitute for AOB in Texas

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When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

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