Indiana Supreme Court refuses to recognize third-party claim for spoliation
4/8/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Safeco Insurance Company of Indiana ex rel Smith v. Blue Sky Innovation Group, Inc., et al., No. 23S-CT-272, the Indiana Supreme Court rejected the request to create a third-party spoliation …
Washington Supreme Court: Beware of the resulting loss exception to the faulty workmanship exclusion
3/19/24
By: Lisa M. Lampkin and Galina Kletser Jakobson
On March 14, 2024, the Washington Supreme Court confirmed that an all-risk policy provides coverage for losses or damages caused by a covered peril, even if an excluded peril causes the covered …
No duty to defend parents under homeowners policy for claims arising out of minor’s motor vehicle accident
3/14/24
By: Michael B. Weinberg
In the matter of Liberty Ins. Corp. v. Johnson, 306 A.3d 1143 (Conn. App. 2023), the Court of Appeals of Connecticut held that a homeowners insurer had no duty to defend insured-parents for actions of …
Insurer petitions Ninth Circuit for rehearing on pollution exclusion case
2/22/24
By: Kristin Ingulsrud
Wesco Insurance has asked the Ninth Circuit to rehear a January 23, 2024 decision finding that it must defend its insured against a lawsuit arising from the 2018 Camp Fire. The opinion reversed the trial court’s decision …
A rare victory for insurers: Washington Supreme Court rules on tracking medical costs within geographic area
2/19/24
By: Rachel E. Hobbs, Galina Kletser Jakobson, and Mary Mead
In a rare victory for insurers in Washington state, on February 15, 2024, the Washington Supreme Court ruled in favor of Liberty Mutual Insurance Company (“Liberty”) regarding Liberty’s …
Adjusting expectations: insurance adjusters no longer individually liable for ‘bad faith’ claims in Kentucky
2/19/24
By: Dave Cecil
The Kentucky Court of Appeals recently settled a decades-long controversy and resolved a split between Kentucky federal district courts by holding that insurance adjusters cannot be held individually liable for “bad faith.”
In Breedlove v. State Farm …
Clash of the Courts: How the Illinois Appellate Court’s Discord with the Seventh Circuit Continues to Shape the Evolving Landscape of Insurance Coverage for BIPA Claims
12/27/23
By: Amy Frantz, Michael Sanders, Patrick Eckler, and Jonathan Schwartz
On December 19, 2023, the Illinois Appellate Court, First District unanimously held the insurers in National Fire Insurance Co. v. Visual Pak Co. Inc. have no duty …
Supreme Court of Florida rules bad faith settlements are not collateral sources
11/27/23
By: Catherine M. Carson-Freymann
In Alberta S. Ellison v. Randy Willoughby, No. SC2021-1580, Supreme Court of Florida (November 2, 2023), the Supreme Court of Florida delivered a ruling with significant implications for insurance companies. The court determined that bad …
Church’s word, without evidence, does not support a breach of faith in Texas
11/17/23
By: Lorne G. Hiller, Katherine E. Morsman, and Marc J. Shrake
A Texas federal court did not take a church at its word that an insurer acted in bad faith, rejecting the church’s unsupported argument that the carrier …
Georgia farmer cannot dig his way out of failure to obtain UM coverage
11/14/23
By: Lee D. Whatling and Philip W. Savrin
Is uninsured/underinsured motorist (“UM”) coverage imputed to one injured on a tractor that was not specifically scheduled on the policy and that was operating on a public road when it was struck …
Ohio’s Second District holds disclosure of claims valuation to be “grossly prejudicial”
11/14/23
By: Doug Holthus and William A. Hadikusumo
The Ohio Second District Court of Appeals recently overturned a trial court’s prior discovery order which had directed that State Farm disclose certain contents of its claim file.
The underlying matter involved both …
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 …