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Insurance Industry Insurance Claims

Marshall Dennehey

Court Rules that Liability Insurance Does Not Cover Claims for Civil Liability Under the Antiterrorism Act 18 U.S.C. 2333(a)

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Travelers Prop. & Cas. Corp. v. Chiquita Brands Internatl., Inc., 2024-Ohio-1775 - Several insurers sought a declaration that they were not obligated to indemnify the defendant when it resolved underlying claims alleging...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

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The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Lowenstein Sandler LLP

Insurer Bad Faith: New York Cracks Down on ‘Wait and See’ Claims Handling

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Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division...more

Wiley Rein LLP

Vendor’s Demand for Payment of an Invoice Triggers Duty to Defend Under Washington Law

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Applying Washington state law, the United States District Court for the Western District of Washington has held that an insurer had a duty to defend a demand for payment under a vendor invoice for usage fees incurred due to...more

Woodruff Sawyer

General Partnership Liability: Risk and Insurance Trends for 2025

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Rising defense costs, a shifting regulatory environment, and competitive insurance pricing are key trends shaping the general partnership liability (GPL) marketplace as we head into Q4 2024 and 2025. For both the venture...more

Marshall Dennehey

Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be...

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One Church v. Brotherhood Mut. Ins. Co., 2024-Ohio-1601 - The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019. The...more

Marshall Dennehey

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

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Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

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The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Woodruff Sawyer

Guide to D&O Insurance for IPO and Direct Listing Companies, 2025 Edition

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Even though there was an uptick in IPO activity in 2024, many companies have taken a wait-and-see approach and deferred their public debuts to next year. Still, going public in 2025 will come with challenges, such as...more

Ward and Smith, P.A.

Who Is Responsible for That Fallen Tree?

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In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' association. Although it is not the association's job to play arbiter if a dispute arises between lot...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

J.S. Held

Understanding Indoor Mold Growth: Estimating Time of Mold Growth

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Mold growth on surfaces indicates that moisture is, or has been, present in an indoor environment. Direct microscopic examination (by a mycologist) is the primary method to determine whether mold or other fungi have grown on...more

J.S. Held

Appraisal Guidelines for Useful Results (Third Edition)

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“Appraisal” is a procedure typically mandated by state law or outlined in an insurance policy. Appraisal is a dispute resolution procedure intended to provide insurers and policyholders with a method to award the measurement...more

Wiley Rein LLP

Contract Exclusion Not Applicable Based on Asset Management Services Carveout

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The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a contract exclusion did not bar defense cost coverage for a lawsuit against a private equity firm alleging,...more

White and Williams LLP

Part 2: How to Make the Public Sector an Ally and Not a 'Public Enemy'

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Partners, Lian Skaf and Matt Ferrie, are back for the second part of their series titled, “Part 2: How to Make the Public Sector an Ally and not a ‘Public Enemy’.” John Lightbody, CFI, CFEI, CFII, Chief Investigator and...more

Wiley Rein LLP

Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy

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The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a...more

Wiley Rein LLP

Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs

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The United States District Court for the District of Delaware, applying Delaware law, has held that no coverage exists under a directors and officers liability policy for a claim arising from disallowed federal grant...more

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

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In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Wiley Rein LLP

No Prejudice Required for Late Notice Under Claims-Made E&O Policy

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The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to...more

Woodruff Sawyer

Looking Ahead to 2025: Private Equity Risk and Insurance Trends

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In last year’s Looking Ahead Guide, we had predicted the 2024 deal landscape would improve over 2023 year-end results in terms of number of closed buyout transactions, transaction values, and exits. This seems to be the case,...more

Wiley Rein LLP

Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws

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Applying California law, the United States District Court for the Eastern District of California has held that an antitrust exclusion in a D&O policy bars coverage for lawsuits alleging violation of antitrust laws, violation...more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: 8 Key Insurance Coverage Issues Impacting the Availability and Amount of Recovery

In the aftermath of two powerful hurricanes the process of assessing the damage and rebuilding begins. Businesses suffered billions of dollars in losses during hurricanes Helene and Milton, both in physical property damage...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Legal Toolkit for Hurricane Response and Recovery

Hurricanes Helene and Milton have deeply impacted communities across the eastern United States, leaving many individuals and businesses facing significant challenges. In the aftermath of these storms, the legal and governance...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

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Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Wiley Rein LLP

No Coverage for Class Action Claim First Made When Asserted in Counterclaim Before Coverage Period

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The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more

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