News & Analysis as of

Insurance Industry Property Damage Declaratory Judgments

Butler Weihmuller Katz Craig LLP

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

White and Williams LLP

Insurance Enters the Fray: Southern District of New York Finds Insurrectionary Intent Sufficient to Apply War Exclusion

White and Williams LLP on

In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

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Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more

White and Williams LLP

The Coverage Fun House Mirror: When Things Are Not What They Seem

White and Williams LLP on

When it comes to commercial general liability coverage, sometimes things are not what they seem. Some policy language looks like it has a clear meaning. But it turns out that there is more than meets the eye. To see this, you...more

Farrell Fritz, P.C.

“Unnecessary and Inappropriate”: The declaration no one wanted

Farrell Fritz, P.C. on

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

Carlton Fields

Reading the Crystal Ball: Reservation of Rights Letters under South Carolina Law in the Wake of Harleysville Group Insurance v....

Carlton Fields on

The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more

Cozen O'Connor

More Common Sense: Coverage for Collapse Requires More Than an Engineer’s Finding of Substantial Impairment

Cozen O'Connor on

In February this blog commented on Washington State’s newly-adopted definition of “collapse” in property insurance policies that contain no specific definition of the term. (Observer, February 8, 2016, Common Sense Prevails: ...more

Melito & Adolfsen

Connecticut Supreme Court addresses insurer standing to pursue DJ against another insurer, “known injury” exclusion, allocation...

Melito & Adolfsen on

In Travelers Cas. & Sur. Co. of America v. The Netherlands Ins. Co., the Connecticut Supreme Court recently ruled on several significant insurance coverage issues, including whether an insurer has standing to pursue a...more

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