News & Analysis as of

Venue Insurance Litigation

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Segal McCambridge

Texas Venue Battles: Misjoinder and Motions to Sever Claims in the Insurance Realm

Segal McCambridge on

Venue can make all the difference. At the outset of any case, it is foundational to examine whether a federal or state venue is more beneficial for your client....more

Miller Nash LLP

Update: Ninth Circuit Affirms Enforcement of China Venue Clause

Miller Nash LLP on

As an update to our blog post on June 2, 2021, the Ninth Circuit recently affirmed an Oregon court’s ruling that a venue clause in a Chinese liability policy required that a coverage dispute between an additional insured and...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

Zelle LLP on

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

Lowenstein Sandler LLP

Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions

Lowenstein Sandler LLP on

With insurance policies being governed by state law, and interpretation varying from state to state, where your lawsuit is venued matters. There is a cyclical history of insurers and policyholders strategically filing suits...more

Mintz - Arbitration, Mediation, ADR...

Consolidation of Arbitrations is a Procedural Matter Presumptively For the Arbitrator to Decide in Accordance With the Parties’...

Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings ought to be determined in the same manner as other procedural issues. In...more

Carlton Fields

Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award

Carlton Fields on

O’Connell Landscape Maintenance, Inc. (O’Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA)....more

Carlton Fields

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Carlton Fields

New Jersey State Court Refuses To Bind Plaintiffs To A Bermuda Court Judgment Where They Were Not Parties To That Action

Carlton Fields on

A New Jersey state court recently held that the former shareholders of an insurance holding company suing its E&O insurers were not bound by a Bermuda court’s prior judgment where they were not parties to the suit in which...more

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