News & Analysis as of

First Impression Insurance Litigation

Wiley Rein LLP

California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims

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A California state court of appeals, applying California law, has held that, as a matter of first impression, a provision in the California insurance code excluding insurance coverage for loss caused by an insured’s willful...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

Robinson+Cole Property Insurance Coverage...

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination...more

Farrell Fritz, P.C.

First Department Affirms Ruling on Scope of “Insured vs. Insured” Exclusion to D&O Policy, Gives Cause to Consider a Creditor...

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Disputes over the scope of insurance coverage are common fixtures in the Commercial Division Courts.  Earlier this month, the First Department partially affirmed Justice Sherwood’s decision in Westchester Fire Ins. Co. v....more

Dentons

Bad Faith Claims Are Barred Against Third-Party Administrators

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In De Dios v. Indemnity Insurance Company of North America, the Iowa Supreme Court set out to answer a certified question of law: Can third-party administrators be liable for bad faith failure to pay workers’ compensation...more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

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The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Womble Bond Dickinson

Hurricane Matthew flood claims may not be entirely preempted by federal law

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In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and...more

McNees Wallace & Nurick LLC

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval

Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers, 2015 Pa. Lexis 1551 (July 21, 2015), since the high court agreed to hear the...more

Cozen O'Connor

Illinois Court Holds Vacancy Clause Does Not Bar Vandalism and Theft Claim by Mortgagee

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In a case of first impression in Illinois, a unanimous panel of the state’s Appellate Court recently addressed the interplay between a vacancy clause and a mortgagee provision and held that the insured’s failure to comply...more

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