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Insurance Contracts Insurance Industry Insurance Litigation

Kilpatrick

Seventh Circuit rejects claimed “methodological” duty in reversing class certification of totaled car valuation dispute

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We have written before about class actions involving disputes about automobile insurers’ valuations of wrecked vehicles deemed a total loss. See, e.g., Eleventh Circuit reverses dismissal of class action disputing State...more

Maynard Nexsen

Keeping an Eye Out for Litigation Involving Increasingly Popular Gap Coverage

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So-called “gap” insurance policies – policies that provide critical-illness, hospital-indemnity and specified-disease coverage – have been on the rise due to a number of factors, including the frequency of high-deductible...more

Lowenstein Sandler LLP

Bad Faith No More: New York Courts Shift the Insurance Paradigm

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In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift...more

Bradley Arant Boult Cummings LLP

Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies

The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more

Cozen O'Connor

Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court

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In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more

Kennedys

[Webinar] After the fire: Managing high net worth and homeowners insurance claims arising from California wildfires - March 13th,...

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Join Kennedys partners Forrest Booth and Neil Mody for an insightful webinar which will explore the complexities of handling first-party property insurance claims arising from California's devastating wildfires. Moderated...more

Kennedys

[Webinar] 2024 Bad faith year in review - February 4th, 11:30 am - 12:30 pm EST

Kennedys on

We are delighted to invite you to our webinar 2024 Bad faith year in review on Tuesday, February 04, 2025. During this webinar, Neil Mody and Chad Pasternack will focus on significant bad faith decisions from 2024. The...more

Zelle  LLP

Stowers Demands: the Gift that Keeps on Giving

Zelle LLP on

For this holiday season, we’re looking at a recent case out of Texas that operates as a small gift for insurers, which provides a relatively bright-line rule for future Stowers analyses. As we have previously written, while...more

Goldberg Segalla

Loading and Unloading Under GL and Auto Policies: 2024

Goldberg Segalla on

Join Goldberg Segalla partners Ashlyn M. Capote and Adam R. Durst for an interactive webinar addressing the latest decisions from courts across the country addressing the relationship between commercial general liability and...more

Wiley Rein LLP

Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series

Wiley Rein LLP on

The United States Court of Appeals for the Eleventh Circuit, applying New Jersey law, has held that the series-qualifier (and not the last-antecedent) canon of construction applied in an insurance coverage dispute, such that...more

Zelle  LLP

Claims for Statutory Interest and Attorney’s Fees Do Not Survive Insured’s Death

Zelle LLP on

Recently, a magistrate judge for the Eastern District of Texas recommended granting an insurer’s motion for summary judgment, holding that an insured’s claims for statutory interest and attorneys’ fees under Chapter 542 of...more

Awatif Mohammad Shoqi Advocates & Legal...

What Can You Do Legally in the UAE if Your Car Insurance Company Delays Payment?

In the UAE, car insurance offers significant financial protection in the event of accidents or damages. However, delays in compensation from insurance companies can cause unnecessary stress and financial hardship. UAE law...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

Marshall Dennehey

Take a Closer Look: The Precise Language of an Out-of-State Coverage Provision Leads To Varying Results

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Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written....more

Goldberg Segalla

[Webinar] When and How to Tender a Claim - April 18th, 12:00 pm - 1:00 pm EDT

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How can you realize the many benefits of tendering a claim in the most efficient, effective way possible? In this free, interactive webinar, Goldberg Segalla partners Sarah J. Delaney and Lisa M. Only will provide the tools...more

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

Vedder Price

Global Transportation Finance Newsletter: April 2024

Vedder Price on

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more

Hinshaw & Culbertson - Insights for Insurers

How Several U.S. Supreme Court Cases This Term Will Significantly Impact Insurers

Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more

Holland & Knight LLP

U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

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In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless...more

Adams & Reese

“Raiders of the Lost Ark”: SCOTUS Sides with Great Lakes, Reverses Raiders’ Win in Maritime Case

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Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Standard Formula Podcast | Reinsurance and Risk Transfer: Risk Mitigation Under the Solvency II Regime

In the second episode of the Back to Basics series, “Standard Formula” podcast host and insurance partner Rob Chaplin is joined by colleague Imad Mohammed Nazar to discuss reinsurance and risk transfer, including how...more

Goldberg Segalla

[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive...more

Foley & Lardner LLP

S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the...

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Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance...more

Shumaker, Loop & Kendrick, LLP

Tort Choice-of-Law Principles Apply to Bad Faith Claims

In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more

Goldberg Segalla

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will...more

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