News & Analysis as of

Insurance Industry Breach of Duty Insurance Claims

Cozen O'Connor

Louisiana Court Finds That an Insured Breached its Duty to Cooperate

Cozen O'Connor on

The recent decision of Marcantel v. State Farm Fire, No. 2:22-CV-01511, 2024 U.S. Dist. LEXIS 111077 (W.D. La. June 24, 2024) offers valuable lessons for policyholders regarding the importance of cooperation in the insurance...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Wiley Rein LLP

Insurers Owe Coverage for Settlement Despite Bump-Up Provision

Wiley Rein LLP on

Applying Delaware law, the Superior Court of the State of Delaware has held that a bump up provision did not bar coverage of a settlement that resolved claims asserting breaches of fiduciary duty. On December 4, 2019, the...more

Rivkin Radler LLP

Insurance Update - August 2023

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Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Adams and Reese LLP

Bad Faith on the Bayou

Adams and Reese LLP on

The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...more

Jaburg Wilk

An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have...

Jaburg Wilk on

Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Kilpatrick

Court Rules Insured Has Duty To Read Insurance Policy Sooner Rather Than Later

Kilpatrick on

In a recent case involving claims against an insurance broker, Judge Graham Mullen firmly put the burden of reviewing an insurance policy and understanding coverage exclusions on the insured. Granting summary judgment for...more

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