Penalties, Insurance Litigation

Fraud Doesn’t Pay in New York – May 2025 Update

Goldberg Segalla on 6/6/2025

As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is our fourth year of this publication, and in February...more

Faulty COBRA Notices Can Cost Big Bucks

Carlton Fields on 5/2/2025

When COBRA cases survive motions to dismiss, big dollars are at stake. Marrow v. E.R. Carpenter Co., No. 8:23-cv-02959, is a class action lawsuit filed in the U.S. District Court for the Middle District of Florida on behalf...more

McDill Tenders in Louisiana: How An UM/UIM Insurer Can Avoid Penalties and Attorney’s Fees

Maron Marvel on 8/2/2022

Louisiana insurers who provide uninsured/underinsured motorist coverage are often asked for a “McDill tender” by a claimant, and it’s important for the insurer to know its obligations when responding to such a request....more

New York High Court Finds Disgorgement Payment Insured "Loss" Rather Than Uninsurable "Penalty"

Jones Day on 12/3/2021

Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more

Insurance Takeaways From Texas’ New Hailstorm Bill

Zelle LLP on 5/18/2017

On Feb. 1, 2017, the Texas Department of Insurance published the results of its presentation to the Texas Legislature titled: “Interim Charges: The Cost of Weather-Related Property Claims and Related Litigation.” Notably, the...more

Wisconsin Supreme Court Reminds That Duty to Defend is Broader Than Duty to Indemnify

Foley & Lardner LLP on 3/9/2016

A liability insurance policy generally imposes two duties on the insurer: (1) a duty to indemnify the insured against claims that are covered by the policy, up to the policy limits; and (2) a duty to defend the insured...more