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Rivkin Radler LLP

July 2025 New York Insurance Coverage Law Update

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A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...more

Carlton Fields

Seventh Circuit Affirms Judgment Dismissing Bad Faith Claim Without Viable Breach of Contract Claim

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In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more

Phelps Dunbar

North Carolina Ruling Confirms Insurer’s Autonomy in Settlement Negotiations

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In a recent opinion issued this month, the United States District Court for the Eastern District of North Carolina confirmed that an insurer may consider its own interests, as well as those of its insured, when entering into...more

Kennedys

Appellate Court of Illinois decision reminds insurers to communicate with insureds or face potential consequences: Estoppel of...

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The Appellate Court of Illinois recently reminded insurers that they may be estopped from raising coverage defenses through their misleading acts or statements, including silence. In Monroy-Perez v. Sentry Select Ins. Co.,...more

Wiley Rein LLP

Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic...

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The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more

Lowenstein Sandler LLP

Bad Faith No More: New York Courts Shift the Insurance Paradigm

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In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift...more

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

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Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

JUSTICENTER

How Long Is an Insurance Check Good For?

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If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Wiley Rein LLP

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

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A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

Wiley Rein LLP

Pre-Policy Email Does Not Constitute a Claim

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The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made...more

Zelle  LLP

N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy

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A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes...more

Wiley Rein LLP

For the Record: Cyber Coverage “For” a Security Breach is Ambiguous under New Mexico Law

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The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”...more

Cozen O'Connor

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

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In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more

WaterStreet Company

Certified Mail vs. Proof of Mail for Insurance

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Insurance carriers operate in one of the most regulated industries. Communication with policyholders is not only essential, but legally required. When sending cancellation notices, conditional renewals, or premium increases,...more

McGuireWoods LLP

English High Court Judgment Offers Rare Examination of War Risks Insurance

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In a 230-page judgment handed down by Mr Justice Christopher Butcher in the English High Court on June 11, 2025, six aircraft leasing companies secured “one of the largest sums ever awarded by the English courts” (according...more

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

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Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

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The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Wiley Rein LLP

Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest...

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The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of...more

Rivkin Radler LLP

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

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Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more

Alston & Bird

Insurance Insights | California and New York Privacy Protections, Georgia Tort Reform & Cybersecurity and Privacy Updates

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...more

Bradley Arant Boult Cummings LLP

Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies

The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more

Rivkin Radler LLP

June 2025 Insurance Update

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We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more

Pillsbury - Policyholder Pulse blog

When Politics Disrupt the Flow: What Policyholders Need to Know About Supply Chain and Political Risk Coverage

In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many...more

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