News & Analysis as of

Insurance Litigation State and Local Government

Zelle  LLP

When Are Insurance Code Chapter 542 Penalties Not Owed?

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There are a litany of deadlines an insurer must be mindful of, and this is especially true in Texas, which imposes a number of statutorily prescribed deadlines during the claim adjustment process. The Texas Prompt Payment of...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

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In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Carlton Fields

New California Lapse Statute Decision Highlights the Importance of Where Insurance Policies are “Issued or Delivered”

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This past May, the Ninth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in favor of a life insurance company, finding that California’s lapse statute applies only to life insurance...more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

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Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

Butler Weihmuller Katz Craig LLP

Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

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After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Steptoe & Johnson PLLC

Fourth Circuit Upholds Dismissal of Insurance Claim for Pandemic Related Business Losses

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In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

Flaster Greenberg PC

COVID Insurance Cases Highlight Federal-State Court Tension

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The coronavirus pandemic has spawned an unprecedented nationwide explosion of insurance coverage litigation. Nothing calls to mind an event triggering over 2,000 and counting similar lawsuits spread over most of the 50 states...more

Zuckerman Spaeder LLP

In Nevada, Jury Finds against United Healthcare’s Efforts To Underpay for Emergency Medical Services and Generate Profits for...

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On November 29, 2021, a jury in Nevada found United Healthcare liable for underpaying TeamHealth, a nationwide provider of emergency medical services, by millions of dollars. The case, Fremont Emergency Services vs....more

Bressler, Amery & Ross, P.C.

SB76: Florida’s Attempt to Reduce Insurance Litigation and Attract Insurance Carriers

Introduction: On July 1, 2021, Florida’s Senate Bill 76 (“SB76”), which modified several provisions that impact Florida’s property insurance litigation, went into effect. This bill was Florida’s latest attempt to stabilize...more

Sheppard Mullin Richter & Hampton LLP

Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) - Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a...more

UB Greensfelder LLP

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

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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

King & Spalding

Betting On Strangers’ Lives: A Brief Look at How Different States Are Scoring the Insurable Interest vs. Incontestability...

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This alert covers the current law on stranger-originated life insurance (“STOLI”) policies in 14 different states and includes updates concerning the following developments: • A 2020 decision applying New York law which...more

Searcy Denney Scarola Barnhart & Shipley

Potential Hurdles in Florida Personal Injury Claims

If you’re filing a personal injury lawsuit in Florida, it’s best to become familiar with the various state laws that can play a role in your claim. If you have been hurt in an accident of any type of severity, including truck...more

Butler Weihmuller Katz Craig LLP

The Federal Summary Judgment Standard Comes to Florida State Courts on May 1, 2021

Last year, the Florida Supreme Court signaled its intention to adopt the summary judgment standard articulated in the Celotex trilogy, by directing the parties in Wilsonart, LLC v. Lopez, SC19-1336, 2019 WL 5188546 (Fla. Oct....more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 10, 2020

This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Cozen O'Connor

New Jersey Assembly Overwhelmingly Approves Anti-STOLI Legislation

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As many of you may know, Cozen O’Connor was victorious last year in obtaining a ruling by the New Jersey Supreme Court in Sun Life Assurance Company v. Wells Fargo Bank, N.A., 238 N.J. 157 (2019) (Bergman) that...more

Carlton Fields

Florida Bad Faith Legislation

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The Florida Senate is considering legislation designed to reduce insurance companies’ exposure to bad faith claims. Florida Senate Bill 1334, introduced by Sen. Jeff Brandes (R), requires policyholders to present their...more

Carlton Fields

Third Circuit Application of Certified Questions Confirms STOLI Policies Void in New Jersey

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We previously reported on the New Jersey Supreme Court’s ruling on the validity of stranger-originated life insurance (STOLI) policies in the June 2019 issue of Expect Focus — Life, Annuity, and Retirement Solutions....more

Neal, Gerber & Eisenberg LLP

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

Carlton Fields

Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees

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Florida’s offer of judgment statute, Florida Statutes section 768.79, is a common technique for any litigator who wants to place additional risk on the plaintiff. The statute provides that if a defendant in a civil suit files...more

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