News & Analysis as of

Denial of Insurance Coverage Evidence Insurance Litigation

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

Cozen O'Connor on

In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

Morris, Manning & Martin, LLP

Foregoing Discovery Leads to Adverse Judgment Against Insurer

Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more

Carlton Fields

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

Carlton Fields on

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more

Goldberg Segalla

[Webinar] Avoiding Pitfalls in Premises Liability – Key Considerations for Premises Liability Claims - July 18th, 12:00 pm - 1:00...

Goldberg Segalla on

Premises liability injury or “slip and fall” claims present substantial risk to insureds who have customers or guests in their business or on their property. However, not all premises liability claims are created equal. This...more

Cozen O'Connor

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported...

Cozen O'Connor on

On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more

Butler Weihmuller Katz Craig LLP

What's in a name?

What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy. The Middle District of Florida recently considered the issue of whether...more

Carlton Fields

The Three “Musts” for a Competent Affidavit or Declaration

Carlton Fields on

Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more

White and Williams LLP

Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense

It has long been the rule, under Pennsylvania law, that an insurer's duty to defend is determined "solely" by the allegations in the "four corners" of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S.,...more

Carlton Fields

Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny

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In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more

Carlton Fields

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

Carlton Fields on

What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more

Steptoe & Johnson PLLC

First Look - Spring Issues 2018

“An insured owes an obligation to cooperate with its insurer. Generally, this duty to cooperate flows from a specific provision in the insurance contract, usually referred to as the ‘cooperation clause.’” However, even if...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

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Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

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