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Cozen O'Connor

Claims Notes - November 2024

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After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Marshall Dennehey

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

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Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Cozen O'Connor

Claims Notes: September 2024

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Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Sands Anderson PC

Virginia’s New Bad Faith Law: What Insurers Need to Know

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On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....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

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

Rodemer Kane Attorneys at Law

Should I File a Claim With My Insurance if I’m Not at Fault for a Car Accident?

Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should...more

Rivkin Radler LLP

Insurance Update - April 2024

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Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more

Cozen O'Connor

Claims Notes: March 2024

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After a yacht ran aground, the owner filed a maritime insurance claim. Despite a New York choice of law provision in the insurance policy, the owner contended that Pennsylvania law applied. The Third Circuit had protected the...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

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Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...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

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2023

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New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy- The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more

Marshall Dennehey

Third District Court of Appeals Clarifies the Rules Surrounding Third-Party Intervention

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Accident911 Help Medical Center Corp., et al. v. Direct General Insurance Company, 3rd District, Case No, 3D23-773. L.T. Case No. 22-9836, Aug. 23, 2023 - The Third District Court of Appeal rules that the trial court abused...more

Marshall Dennehey

Federal Court Dismisses Portions of Plaintiff’s Claims Against Insurer for Failing to Pay UIM Benefits

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Odgers v. USAA Cas. Ins. Co., No. CV 22-4521, 2023 WL 5651976 (E.D. Pa. Aug. 31, 2023) - The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 27, 2023

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Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more

Goldberg Segalla

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

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Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will...more

Goldberg Segalla

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

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Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have...

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Insurers Do Not Have to Provide Statutory UM/UIM Coverage to Injured Uber Eats Driver

In Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. 2022), the Superior Court of New Jersey Appellate Division issued a published opinion finding that an insurer is not obligated to provide underinsured motorist coverage to...more

Cozen O'Connor

Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida)

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In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed instruct a jury that an insurer not only owed a duty...more

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.  However, attorney’s fees from the...more

BakerHostetler

Insurance Class Action Report 2021 First–Third Quarters

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Property and casualty class action activity has continued at a fast clip so far this year. More of the same claims – total loss, tag, tax and title, labor depreciation, diminished value, and medical payments – all garnered...more

Butler Weihmuller Katz Craig LLP

More Than One Collision, But How Many Accidents?

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. ...more

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