In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.
We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more
11/21/2024
/ Agricultural Sector ,
Arbitration ,
Arbitration Agreements ,
Cryptocurrency ,
Duty to Defend ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
HI Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Natural Disasters ,
Pollution Control ,
Property Damage
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
10/23/2024
/ Bodily Injury ,
Claims Adjusters ,
Distributors ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Manufacturers ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Sellers ,
Subpoenas
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
9/19/2024
/ Aircraft ,
Business Losses ,
CA Supreme Court ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
False Statements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Misrepresentation ,
Policy Terms ,
Property Damage
We touch upon various issues in our August insurance update.
The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
7/25/2024
/ Anti-Assignment Clauses ,
Asbestos Litigation ,
Bankruptcy Court ,
Horizontal Exhaustion Doctrine ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
McCarran-Ferguson Act ,
Policy Exclusions ,
Pollution Exclusion ,
SCOTUS ,
Truck Insurance Exchange v Kaiser Gypsum Co Inc
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
6/24/2024
/ Bitcoin ,
Business Interruption ,
Business Losses ,
Civil Liability ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Material Misrepresentation ,
Negligence ,
NJ Supreme Court ,
No-Fault Insurance ,
Professional Liability ,
Terrorism Insurance
Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more
5/20/2024
/ Appellate Courts ,
Breach of Duty ,
Defense Costs ,
Duty of Care ,
Duty to Defend ,
Employee Retirement Income Security Act (ERISA) ,
Homeowners ,
Insurance Claims ,
Intellectual Property Protection ,
Misappropriation ,
PA Supreme Court ,
Securities Violations ,
Wrongful Death
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more
4/12/2024
/ Anti-Stacking Provisions ,
Auto Insurance ,
Breach of Contract ,
D&O Insurance ,
Federal Arbitration Act ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Notice Prejudice Rule ,
Policy Exclusions ,
Policy Terms ,
Professional Liability Insurance ,
Rescission ,
Storm Damage ,
Uninsured and Under-Insured Motorists ,
Wrongful Acts
We begin with three state supreme court decisions answering these questions:
• A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
3/20/2024
/ Biometric Information Privacy Act ,
Claims Made Policy ,
Damages ,
DE Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Mass Tort Litigation ,
MI Supreme Court ,
No-Fault Insurance ,
Trade Secrets
In this month’s insurance update, we address:
•Whether opioid suits allege an occurrence -
•Whether the recurring presence of wild turkeys is “infestation” -
•Whether improper copying of an industry publication was in...more
2/23/2024
/ Commercial General Liability Policies ,
Copyright Infringement ,
Eviction ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Leases ,
Natural Person Requirement ,
Opioid ,
Pest Infestation ,
Policy Exclusions ,
Pollution Liability Insurance ,
Professional Liability Insurance ,
Property Damage ,
Tenants ,
USAA
In our January insurance update, we include three state cases addressing some less common situations.
It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
1/23/2024
/ Bad Faith ,
Condominium Associations ,
Contamination ,
Demolition ,
Duty to Defend ,
Faulty Workmanship ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Occurrence ,
Policy Exclusions ,
Professional Service Exclusion ,
Property Damage ,
Renovations ,
SD Supreme Court ,
State Farm ,
Statute of Limitations
Our December Insurance Update features a few firsts from state high courts. For the first time:
•The Supreme Court of Hawaii addresses reimbursement of defense costs.
•The Supreme Court of Illinois addresses coverage for...more
12/21/2023
/ Bodily Injury ,
Carbon Monoxide Exposure ,
Commercial General Liability Policies ,
Construction Defects ,
Defamation ,
Defense Costs ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Professional Liability Insurance ,
Property Damage ,
Property Insurance ,
Reimbursements ,
Trademarks ,
Triggering Event
In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.
Consent has seemed to plague TV-maker Vizio. First, it got into trouble...more
11/17/2023
/ Agricultural Sector ,
Claims Made Policy ,
Consent ,
Department of Environmental Management ,
Duty to Defend ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Loss Coverage ,
Lost Profits ,
Malicious Prosecution ,
Policy Exclusions
Here’s what we discuss in our October Insurance Update.
Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”-
Massachusetts (federal): Insurer May Consider Sums...more
10/24/2023
/ Bodily Injury ,
Claims Made Policy ,
Clean Water Act ,
Defense Costs ,
Denial of Insurance Coverage ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Illinois ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Occurrence ,
Opioid ,
Policy Exclusions ,
Professional Service Exclusion ,
Property Damage
We touch upon several topics in our September Insurance Update.
We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
9/26/2023
/ Affirmative Action ,
Aircraft ,
Civil Rights Act ,
Claims Made Policy ,
Data Breach ,
Failure to Notify ,
Harvard University ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Invasion of Privacy ,
Late Notices ,
Loss of Use ,
Medical Certification Requests ,
Policy Exclusions ,
Policy Terms ,
Pro Rata Allocation Rule ,
Property Damage
Mental state, in some form, is the common theme running through our first three cases this month.
The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more
8/22/2023
/ Assault ,
Bodily Injury ,
Breach of Duty ,
Duty to Defend ,
Fiduciary Duty ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Listeria ,
Mental Health ,
No-Fault Insurance ,
OH Supreme Court ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Subpoenas
We bring you our July Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the...more
7/18/2023
/ Business Exclusion ,
Claims Made Policy ,
Faulty Workmanship ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
KY Supreme Court ,
Notice Prejudice Rule ,
Property Damage ,
Umbrella Policies ,
Water Pollution ,
WI Supreme Court
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update.
When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
6/20/2023
/ Advertising Injury ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Insurance ,
False Advertising ,
Faulty Workmanship ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Intentional Torts ,
Merck ,
Negligence ,
Policy Exclusions ,
Professional Liability Insurance ,
Reservation of Rights
Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more
5/18/2023
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Material Misstatements ,
Medicare ,
Professional Liability ,
Qui Tam ,
TX Supreme Court
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention.
The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
4/18/2023
/ Advertising ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Insurance Claims ,
Insurance Industry ,
LA Supreme Court ,
Liability Insurance ,
Pollution Exclusion ,
TCPA
We bring you our March Insurance Update.
As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month.
In a dispute over the priority of coverage, the...more
3/16/2023
/ Bias ,
CT Supreme Court ,
Disinterested Parties ,
FEHA ,
FL Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
NJ Supreme Court ,
Policy Exclusions ,
Public Adjusters ,
Retaliation ,
Self-Insurance ,
State Farm ,
Umbrella Policies
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
2/17/2023
/ Bodily Injury ,
Business Closures ,
Business Interruption ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
Duty to Defend ,
First Impression ,
Insurance Industry ,
Insurance Litigation ,
Opioid ,
Pollution Exclusion ,
Professional Liability
It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.
The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more
1/25/2023
/ Bodily Injury ,
Breach of Duty ,
Business Losses ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Fiduciary Duty ,
General Contractors ,
Insurance Brokers ,
Insurance Industry ,
Insurance Litigation ,
Intangible Property ,
Life Insurance ,
NC Supreme Court ,
OH Supreme Court ,
Pro Rata Allocation Rule ,
Ransomware ,
Suicide ,
Workers' Compensation Claim
We roll out our December Insurance Update just in time for the holidays. Here’s what’s inside:
•The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
•A...more
When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed.
Originally published in Law360, 2022....more