News & Analysis as of

Insurance Industry › Breach of Contract › Policy Limits

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Sheppard Mullin Richter & Hampton LLP on

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Bradley Arant Boult Cummings LLP

Navigating Recovery Allocation Provisions: Insights from National Union Fire Insurance v. RealPage

Bradley Arant Boult Cummings LLP on

Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the...more

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

Cozen O'Connor on

In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

Wiley Rein LLP on

Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

Payne & Fears on

Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Carlton Fields

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Cozen O'Connor

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

Cozen O'Connor on

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Robinson+Cole Property Insurance Coverage...

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the...

Robinson+Cole Property Insurance Coverage... on

Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more

8 Results
 / 
View per page
Page: of 1

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide