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N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s...more

U.S. Supreme Court Holds that Insurers are Parties in Interest in Bankruptcy Proceedings and Can Object to Reorganization Plans

Companies faced with numerous mass tort claims, such as asbestos claims, often seek bankruptcy protection. Reorganization plans may include § 524(g) channeling injunctions in which insurance assets are put into a trust to pay...more

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary...more

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Florida Governor Signs Sweeping Property Insurance Regulation into Law

Key Takeaways - Senate Bill 2-A signed in September by Florida Gov. Ron DeSantis will result in notable changes to the state’s property insurance industry, including the end of “One-Way” attorney fees for policyholder...more

New Jersey Enacts Broader Pre-Suit Insurance Disclosure Statute

Key Takeaways - New legislation in New Jersey requires insurers to disclose policy limits in response to a written request from a New Jersey-licensed attorney.  Broader than the existing pre-suit disclosure statute...more

Gov. DeSantis Signs Sweeping Legislation to Alleviate the Pressure from Skyrocketing Insurance Costs in Wake of Hurricane...

Key Takeaways - Changes to property insurance and reinsurance signed into law on May 26 create the Reinsurance to Assist Policyholders program (RAP), which is backed by $2 billion and seeks to assist insurance companies...more

New York “Adult Survivors Act” Becomes Law

Key Takeaways - New York’s Adult Survivors Act was signed into law on Tuesday, May 24, 2022. The Adult Survivors Act establishes a one-year window that opens in six months for survivors of sexual offenses who were 18...more

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