California Department of Insurance Orders All California Health Insurers to Submit Filing and to Ensure Services to Insureds Displaced by COVID-19
3/20/20
By: Kristin Ingulsrud
California Insurance Code section 10112.95(a) provides that insureds displaced by a declared state of emergency shall have access to medically necessary health care services. In light of Governor Gavin Newsom’s state of emergency proclamation and the continued …
California Department of Insurance Issues COVID-19 Bulletins Addressing (i) 60-Day Grace Period for Premiums; Expiration of Drivers Licenses; (ii) Alternative Payment Methods; and (iii) Accounting for Extraordinary Circumstances in Evaluating Claims Handling
3/20/20
By: Zach Moura
California Insurance Commissioner Ricardo Lara issued three notices to insurers on March 18, 2020 related to the novel coronavirus disease (COVID-19), all aimed at ameliorating the pandemic’s impact on the both insurers and insureds.
The first notice …
Coronavirus Lawsuit Seeking Coverage is Filed in Louisiana
3/18/20
By: Philip W. Savrin and Erin Lamb
The first in what is bound to be a virtual tsunami of coverage lawsuits arising from the spread of the Coronavirus was filed in New Orleans this week by a restaurant in the …
New Jersey and New York Signal Intent to Force Coverage for COVID-19 Business Losses; Other States Will Follow Suit
3/16/20
By: Erin Lamb and Marc Shrake
Both New Jersey and New York have taken steps toward attempting to force coverage of business losses related to COVID-19. In New Jersey, Assembly Majority Leader Louis Greenwald and Assemblyman Roy Reiman have introduced …
Predicting the Sources of Claims arising from Coronavirus and COVID-19
3/13/20
By: Erin Lamb
The worldwide spread of COVID-19 is creating financial difficulties for individuals and businesses affected by illness and cancellations. Based on the evolving data, predictions are being made about the sources of claims under various insurance coverages.
The …
Eleventh Circuit Expands Insurance Coverage Under Commercial Crime Policies
3/10/20
By: Bill Buechner
In a closely-watched case involving the scope of coverage under a commercial crime policy, the Eleventh Circuit issued a decision in December holding that an insurer’s commercial crime policy provided coverage for an all-too-familiar email spoofing scheme …
Pre-Judgment Settlements with the Insured after Claimed Blown Policy Limit Demand
2/20/20
By: Tim Kenna
Every once in a while, an insurer contemplates settlement of the insured’s potential bad faith claim following allegations that a policy limit demand lapsed, and that the insurer is liable for any resulting excess judgment and bad …
Striking a Balance: Motor Carriers, Insurers, and the Innocent Motoring Public
2/17/20
By: Mallory Ball
Some courts are striking a balance where innocent third parties are injured from the negligence of motor carriers by finding coverage despite the terms and conditions of the insurance policy. For example, some insurance policies restrict the …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …
Watching Where You’re Going – What Drivers should know about Usage-Based Insurance
2/10/20
By: Eric Retter
With the introduction and growth of usage-based automobile insurance (“UBI”), drivers should be aware of the benefits and costs of this new product. Usage-based insurance – sometimes known as pay-per-mile, pay-as-you-drive (“PAYD”) or pay-as-you-go, has introduced a …
Homeowner’s Insurance Coverage: An Issue For Those Who Home-Share?
12/18/19
By: Emily Williams
With home-sharing on the rise, homeowners should know what their insurance policies cover and exclude and, perhaps, update their coverage. A business pursuits/rental exclusion is included in most homeowner’s insurance policies. A common form of this exclusion …
Should It Stay or Should It Go? Jurisdictional Questions Raised in $39 Million Coverage Action Over Hurricane Maria Claims
12/16/19
By: Catherine Bednar
Plaintiff Capital Crossing Servicing Company, LLC (“Capital Crossing”), a loan servicing company, filed a lawsuit in Massachusetts against its insurer, Mapfre Praico Insurance Company (“Mapfre”). The lawsuit involves a coverage dispute over property damage claims following Hurricane …