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Carlton Fields

Aerial Overview: Recent Developments in Life, Accident, and Long-Term Care Litigation

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In Meyer v. Massachusetts Mutual Life Insurance Co., the U.S. District Court for the District of Colorado entered summary judgment for an insurer after video evidence showed that the insured was not entitled to the benefits...more

Lowenstein Sandler LLP

Broker Malpractice: How Policyholders Can Proactively Protect Themselves

Today, hosts Lynda A. Bennett and Eric Jesse discuss a recent decision that addresses broker malpractice – a common claim for policyholders to pursue after learning insurance protection is unavailable or insufficient to cover...more

Carlton Fields

Insurer Must Consider “Expectations of Future Mortality Experience” When Reassessing, Redetermining, and Changing COI Rates

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In Advance Trust & Life Escrow Services, LTA v. Protective Life Insurance Co. (Mar. 2, 2024), the Eleventh Circuit Court of Appeals affirmed in part and reversed in part the district court’s dismissal of breach of contract...more

Butler Weihmuller Katz Craig LLP

As The PIP World Turns: Insurance Carriers Do Not Have To Pay 100% Of The Billed Amounts Under Section 627.736, Florida Statutes

A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy...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

Butler Weihmuller Katz Craig LLP

New York Court Emphasizes the Importance of Notice in Subrogation

An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the...more

Maison Law

How to Prove Liability in a California Car Accident Case

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Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....more

Stikeman Elliott LLP

Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions...

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In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of...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

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

Troutman Pepper

D&O and Professional Liability 2023: A Year in Review

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The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Butler Weihmuller Katz Craig LLP

Analyzing AOBs: Are the Courts Splitting Hairs or Seeking Statutory Compliance?

So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online gaming teammates, and music mixed by a deejay, to name a few....more

Butler Weihmuller Katz Craig LLP

Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more

Quarles & Brady LLP

Wisconsin Case Law Year in Review 2023

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5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of...more

Butler Weihmuller Katz Craig LLP

Putting the Cart Before the Horse: The New Florida Appraisal Landscape

As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim...more

Presley & Presley

December Bad Faith Update: No Request for Defense, No Coverage Problem

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With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more

Morris, Manning & Martin, LLP

Insurers Ordered to Pay Policy Limits Twice for a Single Policy Term

In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term.  Why?  Because in the policies at issue, the policy limits paid...more

Carlton Fields

“Common Sense Should Prevail” — Federal Court Recognizes Exception to “Eight-Corners Rule,” Allows Use of Undisputed Extrinsic...

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In Southern-Owners Insurance Co. v. Midnight Tires Inc., the U.S. District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the...more

Butler Weihmuller Katz Craig LLP

Federal Court Applying Alabama Law Finds That Insurer Has No Duty To Defend Failure-to-disclose Action

The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...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

Munich Re Prevails in Alabama Reinsurance Dispute

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A federal court recently agreed with Munich Re that it was not obligated to reimburse an insurer for losses and fees the insurer incurred in litigation with its professional liability carrier regarding a bad faith claim...more

Carlton Fields

Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments...

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In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural...more

Carlton Fields

Texas Doubles Down on “Intent to Deceive” as Requirement to Void Insurance Policy

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The Texas Supreme Court reinforced common law precedent that insurers cannot avoid liability under an insurance policy based on a misrepresentation in an insurance application unless the insurer can establish that the insured...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Four

This is the final in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation made in Senate Bill 2A and House Bill 837, which became law in December 2022...more

Butler Weihmuller Katz Craig LLP

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

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