Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more
Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully...more
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should...more
We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more
This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend- Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...more
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
If you’re filing a personal injury lawsuit in Florida, it’s best to become familiar with the various state laws that can play a role in your claim. If you have been hurt in an accident of any type of severity, including truck...more
With unprecedented activity online, cybercrime is growing in frequency, sophistication and aggregate effect. Despite the increased visibility of cybercrime, cybersecurity continues to lag behind this curve. Cybercriminals...more
Changing lanes without looking or without enough room to avoid affecting the flow of traffic is a common factor in accidents on Florida’s highways and in busy urban and suburban areas. Changing lanes unsafely is a form of...more
On June 11, 2019, the New York Court of Appeals issued an opinion in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, 2019 NY Slip Op 04643, holding that an insurer could withhold payments for medical services...more
The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more