In a clash of “other insurance” clauses, the Eleventh Circuit holds that the specific does not override the general
11/7/23
By: Alexia R. Roney
Insurance policies contain “other insurance” clauses to establish the priority of coverage. Generally, these clauses boil down to “you first” where more than one policy provides coverage for the same incident. “Other insurance” clauses have evolved …
What did they know and when did they know it? Prior knowledge exclusions and the duty to defend or indemnify under NY law
11/6/23
By: Edward Solensky Jr.
North River Insurance Company v. Leifer, No. 22-1009, 2023 WL 2978970 (2d Cir. Apr. 18, 2023) involved an insurance coverage dispute between The North River Insurance Company (“NRIC”) and Max D. Leifer and the Law Offices …
Court’s application of Nevada law precludes excess insurer from recovering $4M in limits paid in settlement
11/2/23
By: P. Betty Su
A recent decision by the U.S. District Court for the Central District of California illustrates how a choice-of-law decision by the court can sometimes make or break an insurance coverage case.
In North River Ins. Co. …
California federal court rejects property owner’s bid for first-party coverage under its construction manager’s CGL policy
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction manager. The construction …
Everything is Bigger in Texas: Can the Duty to Indemnify Be Broader Than the Duty of Defense?
9/18/23
By: Shawn Bingham
Whoever came up with the marketing slogan “everything is bigger in Texas” was probably not thinking of insurance law. Yet, as we are reminded by a recent Fifth Circuit opinion, the phrase may, under limited circumstances, describe …
California Court Declines Reformation of Insurance Policy
9/13/23
By: Joseph Gonnella
The Motor Carriers of Property Permit Act requires certain motor carriers to maintain minimum liability coverage of $750,000 (“MCPPA” codified at Veh. Code, § 34600). Does this also require insurers to issue policies to those carriers with …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
By: Donald Patrick Eckler
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
Risk-Pooling with JIFs: When Self-Insurance is Not Insurance
8/3/23
By: Edward Solensky Jr.
Statewide Insurance Fund v. Star Insurance Company, 253 N.J. 119 (2023) involved an insurance coverage dispute between a public entity joint insurance fund (JIF) and Star Insurance Company (Star), a commercial general liability insurance company.
At …
Insured’s Failure to Submit Proof of Loss May Not, Without More, Support Denial of Florida Claims
7/27/23
By: Adam P. Reichel
Under Florida law, an insured may in certain situations avoid forfeiture of coverage, despite failing to submit a proof of loss statement. If the insured can show that the insurer was not prejudiced by the insured’s …
Tossing Pharmacal Out With the Poolwater: Wisconsin Supreme Court Overturns Only Seven-Year-Old Precedent
7/6/23
By: Jonathan Schwartz and Glenn A. Klinger
In a surprising decision, the Wisconsin Supreme Court sua sponte overturned Wisconsin Pharmacal Co., LLC v. Nebraska Cultures of California, Inc., 2016 WI 14, admitting that the Court erred in “incorporating the …
The Price of Illinois Litigation Isn’t Going Down: Illinois Appellate Court Rejects Constitutional Challenge to Prejudgment Interest Law
6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, which we detailed in Down It …