Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more
In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more
On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more
In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
Back in the day, additional insureds were oftentimes afforded coverage for liability “arising out of” the named insured’s work for the additional insured. When confronted with such language, courts often concluded that it...more
In Jones v. IDS Property Casualty Ins. Co. (No. C084065, filed 9/25/18), a California appeals court found that while there is a split of authority in the case law, under the insurer’s applicable policy wording a wife’s claim...more
Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more
In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more
The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more
Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more
In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more
The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more
In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more
Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more
2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more
Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more
In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more