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Insurance Industry › Insurance Litigation › Waivers

Zelle LLP

Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?

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In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court: UM/UIM stacking waivers only need to be executed by the first named insured

Houston Harbaugh, P.C. on

On August 7, 2023, the Superior Court of Pennsylvania held that the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) only requires uninsured or underinsured motorist stacking waivers on an auto policy to be...more

Wiley Rein LLP

Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period

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Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the...more

Lowenstein Sandler LLP

Mind the Back Door: A Discussion of Insurer Subrogation Rights and Contractual Waiver of Subrogation Provisions

Lowenstein Sandler LLP on

In this episode, the hosts explain waivers of insurers’ subrogation rights: what are they, what are the risks, who is bound by them, and how to obtain a waiver from an insurance company. They also discuss specific examples in...more

Cozen O'Connor

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California

Cozen O'Connor on

Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more

White and Williams LLP

“I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

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In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party –...more

White and Williams LLP

New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

White and Williams LLP on

Subrogating insurers often address waiver of subrogation clauses in the form contracts drafted by the American Institute of Architects. In ACE Am. Ins. Co. v. Am. Med. Plumbing, No. A-5395-16T4, 2019 N.J. Super. LEXIS 45...more

Zelle LLP

Waiving the Right to Appraisal Just Got Easier in Texas

Zelle LLP on

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

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