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Carlton Fields

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

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“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

Maynard Nexsen

Decisions Expand Scope of Business Owners’ Policy Exclusion

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In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more

Wiley Rein LLP

Pennsylvania Federal Court Holds Notice of Intent to File Third-Party Complaint Constitutes a “Claim”

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The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a letter notifying the insured of the sender’s intent to file a joinder complaint, i.e., a third-party claim,...more

Wiley Rein LLP

Notice Prejudice Rule Applies to Claim Not Reported “As Soon As Practicable” But Within Policy Period

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The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

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In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

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A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

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The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Cozen O'Connor

Lack of Insurable Interest Precludes Recovery for Property Damage

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In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more

Marshall Dennehey

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

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Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the...more

Goldberg Segalla

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

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This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more

Wiley Rein LLP

California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision

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The United States District Court for the Central District of California, applying California law, granted an insurer’s motion for summary judgment, concluding that (1) the policy’s prior notice exclusion applied; and (2) the...more

Maynard Nexsen

Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment

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In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the...more

Carlton Fields

A Bridge Too Far: Pennsylvania Federal Court Declines to Extend Coverage Beyond Policy’s Plain and Unambiguous Terms

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It’s apt to name a blog post after one of history’s great action movies when the case involves a “conceptual artillery duel” that “ends in a draw,” and that is exactly how U.S. District Judge Gerald Austin McHugh Jr. of the...more

Cozen O'Connor

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

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In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and...more

Carlton Fields

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

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The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more

Segal McCambridge

New York Appellate Court Clarifies Insurer Obligations Under the Child Victims Act

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The New York Appellate Division Fourth Department recently issued a decision affirming in part and reversing in part summary judgment motions against GuideOne Mutual Insurance Company (“GuideOne”) in a case brought by The...more

Maynard Nexsen

Ninth Circuit Upholds No Bad Faith Ruling in Third-Party Insurance Case

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With an increasing trend of nuclear excess verdicts around the country against individuals unable to pay millions of dollars, third-party bad faith lawsuits are on the rise. Frequently, attorneys will represent a plaintiff in...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

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In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more

Morris James LLP

Subrogation and UIM Claims: Unpacking the Recent Henry and Manz Decisions

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The Delaware Supreme Court's decisions in Henry I and Henry II have had a significant impact on workers’ compensation claims involving underinsured motorist (UIM) benefits. Here, we break down the complex issues surrounding...more

Rivkin Radler LLP

December 2024 New York Insurance Coverage Law Update

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The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more

Zelle  LLP

Federal Court Correctly Concludes that a Simple Disagreement Between Experts Does Not Support a Claim for the Breach of the Duty...

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U.S. District Court Xavier Rodriguez of the United States District Court for the Western District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more

Wiley Rein LLP

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

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The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more

Marshall Dennehey

Federal District Court in Florida Grants Summary Judgment for Insurer, Finding that Transportation Network Company’s Policy Did...

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Progressive Express Insurance Company v. Rasier-DC, LLC, 2024 WL 1831535 (S.D. Fla. Mar. 19, 2024) - The defendant insurance company brought a declaratory judgment action to determine whether the policy it wrote to a...more

Wiley Rein LLP

Connecticut Court Holds Restitutionary Settlement Not Insurable Loss

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The Superior Court of Connecticut, applying Connecticut law, granted an insurer’s motion for summary judgment, finding that a D&O policy did not afford coverage for a settlement that resulted in a consent judgment against the...more

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