News & Analysis as of

Breach of Contract › Insurance Litigation › Motion for Summary Judgment

Faegre Drinker Biddle & Reath LLP

Court Sides with Long-Term Care Insurer Over Claim Denial and Potential Fraud

Faegre Drinker Biddle & Reath LLP on

A judge from the District of Colorado recently issued an opinion that might leave the door open for long-term care insurers to void policies after the contestability period expires if an insured commits fraud. See Meyer v....more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

Cozen O'Connor on

Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

Orrick, Herrington & Sutcliffe LLP

State Farm Ruling Opens Door for Conversion Claims Against Insurers Who Impose Unlawful Cost of Insurance Rate Increases

Orrick, Herrington & Sutcliffe LLP on

On August 19, 2019 a federal judge in the Northern District of California denied State Farm Life Insurance Company’s (State Farm) motion for summary judgment on Plaintiff Elizabeth A. Bally’s claims for conversion and breach...more

Saul Ewing LLP

Insurer's Failure to Conduct a "Proper Forensic Investigation" Before Denying Coverage for Destroyed Poultry House Not Bad Faith

Saul Ewing LLP on

After heavy snow destroyed a Slaubaugh Farm poultry house in Delaware, the farm called on its insurer to cover its loss. After its claim was denied, the farm sued the insurer, alleging bad faith denial of coverage under...more

Spilman Thomas & Battle, PLLC

Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

Spilman Thomas & Battle, PLLC on

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - November 2015

Manatt, Phelps & Phillips, LLP on

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Zelle LLP

Graber v. State Farm is a Texas Prompt Payment Outlier

Zelle LLP on

For more than a decade, courts applying Texas law — including the Fifth Circuit, two federal district courts and several Texas courts of appeal — have uniformly held that an insurer’s full and timely payment of an appraisal...more

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