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Two wildfires in the Everglades near the Broward County border remain fully uncontained, causing widespread smoke, degraded air quality, and reduced visibility across South Florida. Current Situation Overview - Two...more
Proposed Washington Administrative Code amendments would tighten the deadlines and increase insurers’ requirements while simultaneously finding a single misstep a basis for a violation....more
The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding...more
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
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
It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more
Truck accidents are among the most devastating and complex types of motor vehicle collisions. Due to the size and weight of commercial trucks, these accidents often result in severe injuries, fatalities, and significant...more
On March 24, 2023, Gov. Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. While other articles have discussed the wide-ranging effects of this new law, this post focuses specifically on how the law alters...more
After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more
In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West...more
In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more
The coronavirus pandemic has spawned an unprecedented nationwide explosion of insurance coverage litigation. Nothing calls to mind an event triggering over 2,000 and counting similar lawsuits spread over most of the 50 states...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
Introduction: On July 1, 2021, Florida’s Senate Bill 76 (“SB76”), which modified several provisions that impact Florida’s property insurance litigation, went into effect. This bill was Florida’s latest attempt to stabilize...more
On April 30, 2021, the Florida legislature passed SB 76, which includes important provisions that will impact Florida property insurance claims handling and litigation. Governor Ron DeSantis signed the bill into law on June...more
The New Jersey Assembly is currently considering legislation that would authorize property insurers offering coverage for loss of use and occupancy and business interruption to provide their insureds a rider covering global...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
What type of insurance coverage may be available for losses to my business? The type of coverage that may be available depends on the nature of loss you suffered and the wording of your insurance policies. Companies that...more
On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more
As the shelter-in-place orders continue to impact businesses across California, California’s lawmakers are responding to the growing unrest voiced by the state’s business owners. Developments at the State Level - ...more
State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Washington State Office of the Insurance...more
The Texas Department of Insurance (TDI) has announced that the claims-handling deadlines imposed by Texas prompt-payment laws are extended by 15 days. The extension will assist carriers in responding to the Coronavirus...more
This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more