Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual...more
Understanding Contents Damage and Contamination After a Wildfire - When dealing with affected personal property (contents) after a wildfire, it is important to understand that each loss location is unique and that there is...more
In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more
The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more
To say that California has been hard-hit by wildfires would be a gross understatement. California, the most populous U.S. state and the third largest by area and home to iconic landmarks, such as the Golden Gate Bridge,...more
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
This seems like a simple concept; however, this is the exact question that the Honorable Judge Lee Rosenthal was asked to address in Cutchall v. Chubb Lloyd’s Ins. Co. of Texas, CIVIL ACTION NO. 23-3745, 2024 WL 5264707,...more
Introduction: Three Key Components of Storm Damage Claims - Professional meteorology, as it relates to insurance claims handling and the litigation process, is becoming increasingly recognized, and the employment of...more
Storm-related claims in Texas often lead to disputes over attorneys’ fees, making it critical for insurance carriers to understand and apply statutory pre-suit notice requirements. Failure by claimants to meet these...more
Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more
Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, 4th District, Case no. 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County - The...more
On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more
J.S. Held previously published articles on how to handle complex ports and terminals business interruption insurance claims, marine and cargo damages, and marine stock claims. These topics have again come to the forefront of...more
Escalating Impacts of Catastrophic Weather - Large insurance losses are increasingly being caused by hazardous weather events such as hurricanes, floods, lightning strikes, high winds, large hail, and wildfires....more
Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more
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
In the aftermath of Hurricane Ian, individuals and families in Florida and potentially other states in its path may be eligible for federal assistance if they live, own a business, or work in the federally-declared disaster...more
Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting...more
Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding...more
In a landmark victory for policyholders, the Supreme Court of Wyoming found that a subsidiary of Sinclair Oil can invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The...more
Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more
Our February insurance update discusses several issues involving first-party and third-party insurance claims. •The Florida Supreme Court answers a certified question about the type of damages available to first-party...more
In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more
In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more
In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more