News & Analysis as of

Jurisdiction Insurance Litigation Insurance Industry

Kennedys

Insurers remain subject to tribal jurisdiction in the Ninth Circuit following denial of certiorari by the Supreme Court

Kennedys on

Present or not, insurers doing business with tribal government and businesses cannot escape the jurisdiction of tribal courts, at least within the Ninth Circuit....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

ArentFox Schiff

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

ArentFox Schiff on

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Snell & Wilmer

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

Snell & Wilmer on

The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

Mayer Brown

English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

Mayer Brown on

The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more

Kennedys

The Supreme Court’s February 2024 decision clarifies the choice-of-law provisions in marine insurance contracts

Kennedys on

In a unanimous 9-0 decision delivered on February 21, 2024, the US Supreme Court in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (“Great Lakes”) reinforced the enforceability of choice-of-law clauses in marine...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

Maynard Nexsen on

Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

ArentFox Schiff

PHL Variable Insurance Company Placed into Rehabilitation in Connecticut

ArentFox Schiff on

PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial...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

Segal McCambridge

Texas Venue Battles: Misjoinder and Motions to Sever Claims in the Insurance Realm

Segal McCambridge on

Venue can make all the difference. At the outset of any case, it is foundational to examine whether a federal or state venue is more beneficial for your client....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

Rivkin Radler LLP

What Snap Removal Debate Means for Insurance Disputes

Rivkin Radler LLP on

When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed. Originally published in Law360, 2022....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

Kennedys

Courts examine subject matter jurisdiction over Lloyd’s of London

Kennedys on

Globalisation in virtually all business sectors is nothing new. Indeed, this phenomenon continues to expand and evolve, including broadening the scope of the global insurance market and its impact on litigation in the United...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

White and Williams LLP

Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad...

White and Williams LLP on

In Keodalah v. Allstate Insurance Company, the Washington Supreme Court is set to determine whether individual insurance adjusters (as distinguished from the insurers for which they work) may be sued for bad faith and...more

Hogan Lovells

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

Hogan Lovells on

Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide