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Insurance Litigation Common Law Claims

Freiberger Haber LLP

Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)

Freiberger Haber LLP on

Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most of the time, insureds do not read their policies and do not know the precise...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Cozen O'Connor

Pennsylvania District Court Holds Materiality Does Not Require Fraud

Cozen O'Connor on

A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of  invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. ...more

Hinshaw & Culbertson - Insights for Insurers

Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims

The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an "Information Laws" exclusion bars coverage for an insured dental services company's TCPA claim. Mesa Laboratories, Inc. v....more

Butler Weihmuller Katz Craig LLP

Passive Negligence And Common Law Indemnity

BROTHER’S PAINTING & PRESSURE CLEANING CORP. V. CURRY-DIXON CONSTRUCTION, LLC ET AL. 45 Fla. L. Weekly D259b - Third District Court of Appeals - This matter stemmed from a fire within a condominium unit that was under...more

Saul Ewing LLP

Eastern District of Pennsylvania Dismisses Statutory and Common Law Bad Faith Claims Against Insurer Where Insured Failed to...

Saul Ewing LLP on

Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident. The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of...more

Saul Ewing LLP

Eastern District of Pennsylvania Dismisses Bad Faith Claims in Two Recent Decisions Where Plaintiffs Made Only Conclusory...

Saul Ewing LLP on

Mittman v. Nationwide Affinity Insurance Co., No. 16-04658 (E.D. Pa. Apr. 10, 2017) - Jeremy Mittman’s car was rear-ended in a hit-and-run incident and both Mittman and his son sustained significant injuries. Mittman...more

Zelle  LLP

How Appraisal Protects Against Texas Insurance Code Abuse

Zelle LLP on

Insurance practice in Texas has become somewhat rote. Typically, a petition is filed against both an insurance company (that is often not based or incorporated in Texas) and a local adjuster. In addition to a breach of...more

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