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Denial of Insurance Coverage Auto Insurance

Cozen O'Connor

Claims Notes: August 2024

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The New York Department of Financial Services (DFS) previously circulated proposed guidance on using AI in underwriting and pricing to address discrimination. DFS requested public comment. Commenters expressed concern over: ...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

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This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Goldberg Segalla

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

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Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2020

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ADDITIONAL AND NAMED INSUREDS/PRIORITY- Court Rules “C/O” Company In Contract Not An Additional Insured- A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working... ...more

Michigan Auto Law

Insurance Coverage For Michigan Food Delivery Drivers

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Insurance for food delivery drivers in Michigan is complicated. Many people who deliver food for a living do not realize there are differences in coverage between their personal auto No-Fault insurance policies and a...more

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

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A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new...more

Robinson+Cole Class Actions Insider

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

Bradley Arant Boult Cummings LLP

No Uninsured Motorist Coverage for Rideshare Driver

A recent decision involving insurance coverage for a rideshare driver explains the temporal aspect of rideshare policies, which insure drivers during certain phases of the rideshare process. Here a driver sought uninsured...more

Saul Ewing LLP

District of Colorado Denies Insurer's Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured...

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Booker v. State Farm Mutual Automobile Insurance Company, No. 17-cv-03133-MEH (D. Colo. May 6, 2019) - Stephanie Booker sustained injuries as a result of an automobile accident caused by another driver. ...more

Michigan Auto Law

Michigan No Fault Insurance Ruling Reversed

Michigan Auto Law on

Bazzi reversed. Innocent car accident victims protected. Bazzi v. Sentinel ruling stops auto insurance companies from automatically denying No-Fault benefits to blameless car crash victims based on fraud by an insured....more

Troutman Pepper

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

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In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more

Michigan Auto Law

Michigan No Fault Auto Insurance Benefit Denials up 236%

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Insurers scream “No-Fault fraud,” even as they cause huge spike in Michigan No-Fault benefit denials and cut-offs of car crash victims - There’s going to be a number of No-Fault reform legislative proposals expected to be...more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Dickinson Wright

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

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The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Pullman & Comley, LLC

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

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Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Carlton Fields

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

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A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more

Jaburg Wilk

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

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In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

Carlton Fields

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

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In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more

Carlton Fields

Step-Up, Insurer! Your Step-Down Provision Is Not Triggered

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Where an automobile policy covers someone other than the named insured, a “step-down” provision may subject the amount of available coverage to the limit on “similar coverage” that is imposed by the injured person’s own...more

Carlton Fields

Sloppy Claims Handling Exposes Insurer to Bad Faith Claims

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A Geico insured, with a $10,000/$20,000 liability policy, was involved in a three-car collision resulting in the death and serious injury of two occupants in one of the vehicles. The insured reported the accident to Geico the...more

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