Insurance Litigation, Policy Exclusions, Consumer Insurance Products

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

Ballard Spahr LLP on 5/14/2025

In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Mass. Court Holds Unprovoked Attack Not “Physical Abuse” Within Meaning of Abuse and Molestation Exclusion

Carlton Fields on 4/17/2023

In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its...more

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

Butler Weihmuller Katz Craig LLP on 3/20/2023

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more

Cannabis Coverage Alert: Oregon Court Distills the Science of Cannabis to Find Insurance for a CBD Claim

Miller Nash LLP on 10/28/2021

Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. A new opinion from...more

Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Butler Weihmuller Katz Craig LLP on 9/3/2021

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of...more

Don’t Stop the Music: The Intersection Between Insurance and The Music Industry in the Era of COVID-19

Robins Kaplan LLP on 9/1/2020

As More Live Performances Are Cancelled, Limited In Size Or Postponed, Venues, Festival Organizers, Artists And Others Are Looking For Relief From The Financial Impact Caused By The Coronavirus Crisis....more