News & Analysis as of

Denial of Insurance Coverage Insurance Claims

Cozen O'Connor

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

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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

Lowenstein Sandler LLP

Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

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Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a “Claim” made during the policy period. While this may sound like a...more

Wiley Rein LLP

Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that a pre-suit letter sent to an insured constituted a “Claim” under a liability policy. Match Group, LLC v. Beazley Underwriting...more

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

Presley & Presley

Carrier’s Failures Create Coverage

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Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Wiley Rein LLP

Supreme Court of Delaware Affirms Denial of Coverage Under Run-Off Exclusion

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The Supreme Court of Delaware affirmed a trial court decision holding that a “run-off exclusion” in a management and company liability policy absolved an insurer of the obligation to advance defense costs. Ferrellgas Partners...more

DRI

Young Lawyers: Raising the Bar - Preventing and Defending Bad Faith Lawsuits

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Bad Faith in Context - Bad faith most commonly arises in one of three different contexts: (1) in a claim that an insured brings against its own insurer; (2) in a claim that a third-party makes against a policyholder that...more

Jones Day

California Supreme Court: CGL Policies Permit "Vertical Exhaustion" for Long-tail Continuous Injuries

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In a recent decision, the California Supreme Court reaffirmed a policyholder's right to reach excess liability coverage by providing key guidance as to the proper exhaustion method for continuous injury claims spanning...more

Cadwalader, Wickersham & Taft LLP

COVID Decision of Interest

In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Marshall Dennehey

Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

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Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more

McGlinchey Stafford

Gov. Landry Signs Louisiana Direct Action Reform Bill

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Governor Jeff Landry has signed into law a bill that significantly limits the situations in which a plaintiff can name and assert a direct action against a defendant’s insurer under Louisiana law. The new law becomes...more

Lowenstein Sandler LLP

Best Practices for Negotiating Manuscript Exclusions

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Today on "In the Know,” Eric Jesse discusses best practices for negotiating manuscript endorsements to an insurance policy: in other words, revisions that are specifically negotiated and added by the parties. Because...more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

Carlton Fields on

Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

Presley & Presley

No “Claim”, No Coverage

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Claims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a “claim” that must be reported and when and how to report the claim can be...more

Wiley Rein LLP

Lawsuits by Two Employees Alleging Retaliation and Discrimination Arise From Interrelated Wrongful Acts

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In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a private company management and employment practices liability policy does not cover a...more

Wiley Rein LLP

No E&O Coverage for Settlement of Illinois State Governmental Investigation

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines...more

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

DRI

[Event] Boot Camp for New Life, Health, and Disability Lawyers - July 24th - 25th, Chicago, IL

DRI on

The DRI Life, Health, and Disability Committee is once again sponsoring a program aimed at providing a basic understanding of the concepts applicable to life, health, and disability litigation. The program, which receives...more

Wiley Rein LLP

No Coverage for Wrongful Acts of Acquired Company Occurring Before Purchase

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In a win for Wiley’s client, the United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, determined that an insured was not entitled to coverage for a judgment against it because both...more

Wiley Rein LLP

No Coverage for Breach of Contract under Professional Liability Policy

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The United States District Court for the District of Minnesota, applying Minnesota law, has held that a law firm’s professional liability policy does not provide coverage for the firm’s alleged breach of various litigation...more

Cozen O'Connor

Court Differentiates Vandalism from Theft in First Party Insurance Policy

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The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung...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

Wiley Rein LLP

Prior Knowledge Exclusion Bars Coverage for Lawsuit Premised on School Officials’ Knowledge of Abuse

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An Arkansas federal court, applying Arkansas law, has held that a prior knowledge exclusion in an employment practices liability policy issued to a school barred coverage for a lawsuit alleging that the assistant principal...more

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

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