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Insurance Litigation Underwriting Insurance Claims

Zelle  LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

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During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

Woodruff Sawyer

​​Commercial Auto Liability Insurance: Ensuring Coverage in a Hard Market​

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The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more

Segal McCambridge

Segal McCambridge Secures Favorable Ruling on Rescission and Bodily Injury Benefits in the Michigan Court of Appeals

Segal McCambridge on

The dispute arose when USA Underwriters rescinded an auto insurance policy due to material misrepresentation, rendering the policy void ab initio (from inception). Another insurance company, acting as the uninsured motorist...more

Carey Olsen

Bermuda Insurance Litigation Guide 2024 (Chambers)

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Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more

Lowenstein Sandler LLP

Weather, Drones, and AI … Oh My! How the Insurance Industry Changed in 2024

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In this episode of “Don’t Take No for An Answer,” Lynda A. Bennett, Chair of Lowenstein’s Insurance Recovery Group, joins Lowenstein’s Heather Weaver and Josh Weisberg, Chief Risk Officer at SterlingRisk to recap changes in...more

Rivkin Radler LLP

September 2024 New York Insurance Coverage Law Update

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Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations...more

StoneTurn

Expert Series Q&A: Joe Corsello, Euclid Transactional

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Joe Corsello, Associate General Counsel & Managing Director, Claims for Euclid Transactional, shares his insights on pivoting from litigation to reps and warranties insurance, opportunities for those seeking a career in the...more

Cozen O'Connor

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s

Cozen O'Connor on

In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more

Cozen O'Connor

Claims Notes

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New York Department of Financial Services (DFS) is concerned that AI’s self-learning behavior increases the risks of unlawful or unfair discrimination. DFS will audit insurers’ use of AI. Such insurers need to maintain...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

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The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Lowenstein Sandler LLP

“Keeping Track” of Your Cyber (and Other) Coverage Part I

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In this episode of “Don't Take No for an Answer,” host Lynda A. Bennett is joined by David Anderson, Vice President of Cyber at Woodruff Sawyer, and Heather Weaver, counsel in Lowenstein’s Insurance Recovery Group, to discuss...more

Wiley Rein LLP

Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies

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The United States District Court for the Northern District of California, applying California law, has held that an insured bank did not comply with the notice requirements in its claims-made-and-reported excess policies when...more

Woodruff Sawyer

AIG Leaves California: The Challenge of Homeowner’s Insurance

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At the end of 2021, securing homeowner’s insurance became more complicated for individuals in California. Kathleen Zortman, President and CEO of AIG Private Client Group, alerted the personal insurance industry of her...more

Carlton Fields

New York First Department Clarifies Effect of New York Insurance Law Section 3420 on Claims Made-and-Reported Policies

Carlton Fields on

In Certain Underwriters at Lloyd’s London v. Advance Transit Co., a New York appellate court provided valuable clarity into how New York Insurance Law section 3420 applies to claims-made-and-reported insurance policies....more

Zelle  LLP

Climate Change for Insurers: When Politics Fail, Flood the Courts

Zelle LLP on

This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith

Cozen O'Connor on

Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more

Gray Reed

Texas Supreme Court to Consider Macondo Blowout Insurance Dispute

Gray Reed on

The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more

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