Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more
A pending case in Texas illustrates why COVID-19 business interruption claims need to be decided by juries in light of case-specific facts, not by judges using a one-size-fits-all approach. Originally published in Law360 -...more
James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more
Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more
In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk...more
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more
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
Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...more
Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and...more
On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more
50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs...more
Car accidents can be a very stressful experience, and there is nothing more frustrating than the aftermath of having your car totaled, and you’re not at fault. The process can feel overwhelming, especially when dealing with...more
To say that California has been hard-hit by wildfires would be a gross understatement. California, the most populous U.S. state and the third largest by area and home to iconic landmarks, such as the Golden Gate Bridge,...more
In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more
Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more
Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more
In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
This seems like a simple concept; however, this is the exact question that the Honorable Judge Lee Rosenthal was asked to address in Cutchall v. Chubb Lloyd’s Ins. Co. of Texas, CIVIL ACTION NO. 23-3745, 2024 WL 5264707,...more
In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more
State Farm Florida Ins. Co. v. Feltes, Fla. 6th DCA, No. 6D2023-0991, November 27, 2024 - This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and...more
Introduction: Three Key Components of Storm Damage Claims - Professional meteorology, as it relates to insurance claims handling and the litigation process, is becoming increasingly recognized, and the employment of...more
Storm-related claims in Texas often lead to disputes over attorneys’ fees, making it critical for insurance carriers to understand and apply statutory pre-suit notice requirements. Failure by claimants to meet these...more
Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial...more