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Jurisdiction Insurance Litigation Insurance Claims

Marshall Dennehey

Legal Update for Insurance Agents & Brokers – CASE LAW UPDATE

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Federal Court Applies Blumberg to Distinguish Accrual of Negligence and Fiduciary Claims in Insurance Agent Dispute - Romero v. Kinsale Ins. Co., No. 25-20084-CIV, 2025 WL 837820 (S.D. Fla. Mar. 18, 2025) - In a recent...more

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

Rivkin Radler LLP on

The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more

Marshall Dennehey

Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute

Marshall Dennehey on

Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’...more

Vedder Price

Success for aircraft lessors in Russian aircraft lessor policy claims

Vedder Price on

Background - The English Commercial Court has handed down a highly anticipated judgment in a multi billion-dollar insurance claim arising out of the failure of various Russian airlines to return leased aircraft to lessors...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Clarifies Jurisdiction Rules for Mixed Action Lawsuits

In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to “mixed actions”—lawsuits that combine requests for both coercive relief (like...more

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

Carlton Fields on

In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

Zelle LLP on

As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Russia’s Shadow War - Historically, a war was a physical...more

Zelle  LLP

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

Zelle LLP on

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

Cozen O'Connor

Lack of Insurable Interest Precludes Recovery for Property Damage

Cozen O'Connor on

In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more

Wiley Rein LLP

Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of...

Wiley Rein LLP on

The Delaware Superior Court, applying Delaware law, has held that the exercise of personal jurisdiction over two nonresident insurers would violate due process where the coverage action did not arise out of, or was not...more

Sheppard Mullin Richter & Hampton LLP

Appraisal of Amount of Loss is a Predicate to Article III, Injury-In-Fact Standing for a Suit Alleging Wrongful Withholding of...

50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs...more

Goldberg Segalla

New Jersey Attorney Cleared of Alleged Malpractice

Goldberg Segalla on

The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more

Maynard Nexsen

The Art and Strategy of Interpleader Actions

Maynard Nexsen on

Resolving competing claims to insurance proceeds can become a complex and costly endeavor for an insurer without the proper strategies. Fortunately, the interpleader remedy offers a streamlined, efficient solution for...more

Carey Olsen

Bermuda Insurance Litigation Guide 2024 (Chambers)

Carey Olsen on

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

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

Carlton Fields on

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Lowenstein Sandler LLP

Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates

Lowenstein Sandler LLP on

In this episode, Eric Jesse explains ways to prevent your insurer from taking a one-size-fits-all approach to its defense obligations, from asserting your right to select your own counsel to challenging its definition of...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

Bennett Jones LLP on

In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Venable LLP

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Venable LLP on

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more

Butler Weihmuller Katz Craig LLP

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida...

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more

Zelle  LLP

COVID-19 Insurance Issues To Watch In Civil Law Countries

Zelle LLP on

A recent judgment from a court of appeal in Spain shows that the outcome of coverage disputes over COVID-19 business interruption losses in civil law jurisdictions may be different from what would be expected in a common law...more

Zelle  LLP

Tightening Up Contracts in a Hardening Insurance Market

Zelle LLP on

Over the past decade, as commercial property insurance rates softened, so too have terms and conditions. In some instances, attempts to broaden coverage have also had the effect of diluting the clarity and consistency of...more

Cozen O'Connor

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Cozen O'Connor on

A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka...more

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