California increases auto insurance minimums for the first time since 1967
2/12/25
After 58 years, California has raised the minimum amount of auto insurance drivers are required to carry. The Protect California Drivers Act, Senate Bill 1107, went into effect on January 1, 2025, with the goal of …
1/14/25
By: Amanda M. Figueroa and Marc J. Shrake
As expected, California Insurance Commissioner Ricardo Lara has issued a mandatory moratorium on cancellations and non-renewals of insurance for residential properties near the Palisades and Eaton fires.
Through January 7, 2026, no …
Going above and beyond: North Carolina insurers may seek settlement even when they have no duty
1/13/25
By: Shawn Bingham
A recent appellate case from North Carolina is a reminder that insurers sometimes go beyond what is required of them. In Luis Ortez and Theresa Beddard Estes v. Penn National Security Insurance Company et. al., No. …
Oh, Saturday night’s alright for fighting, but you won’t get a little coverage in
12/20/24
By: Jessica Cauley
On August 27, 2024, the United States District Court for the Southern District of Florida entered an Order granting Westchester Surplus Lines Insurance Company and Illinois Union Insurance Company’s Motion for Final Summary Judgment in a declaratory …
No duty to defend finds Illinois Appellate Court under cyber policy for BIPA claim
11/11/24
By: Donald Patrick Eckler and Madeline M. Krolczyk
The Illinois Appellate Court, First District held the insurers in Tony’s Finer Foods Enterprises, Inc. v. Certain Underwriters at Lloyd’s London have no duty to defend their policyholder, Tony’s Finer Foods, against …
Insured’s lease bars carrier’s subrogation claim against tenant
11/7/24
By: Matthew Pakkala
The Michigan Court of Appeals reversed a seven-figure award obtained by a Plaintiff-subrogee, Hastings Mutual Insurance Company (“Hastings”), against a Defendant-lessee, Nidec CHS LLC (“Nidec”), resulting from a dispute over fire damage and the cost of repairs. …
Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
5/13/24
By: Rachel E. Hobbs
A recent decision by California’s First Appellate District holds that a party seeking Brandt attorney fees thereby waives the attorney-client privilege regarding such fees, although attorney work product protection is not waived. In Byers v. Superior …
HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
By: Nicholas J. Directo and William A. Hadikusumo
In March 2024, the Southern District Court for California in Bridlewood Estates Prop. Owners Assoc. v. State Farm General Ins. Co., 2024 U.S. Dist. LEXIS 47593 (S.D. Cal. Mar. 18, 2024) …
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …
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 …