8/24/17
By: Michael Kouskoutis
Recently, insurers for Coca-Cola denied coverage on a claim presented under a political risk policy, after a blockade prevented the beverage giant from importing supplies required for soft-drink production. The blockade was the result of political tumult …
8/21/17
The First Appellate District of the California Court of Appeal in Duarte v Pacific Specialty Insurance Company (2017) 13 Cal.App.4th 45, recently sent this message to an insurance carrier who attempted to rescind an insurance policy due …
A “Genuine” Defense to the Bad Faith Lawsuit in California
8/3/17
By: Matthew S. Jones
It seems that “bad faith” lawsuits are becoming more and more prevalent in the California litigation landscape. While a bad faith claim can present serious implications and expose the insurer to extra-contractual damages, including punitive damages, …
6/22/17
By: Zachariah E. Moura
California FAIR Plan Association v. Garnes (May 26, 2017) __ Cal.App.5th __ [218 Cal.Rptr.3d 246]
Hewing to the rule that “where an insurer’s policy contains terms that conflict with the law, the courts will decline to …
Georgia Modernizes Captive Insurer Law
5/23/17
By: Allan J. Hayes
According to the National Association of Insurance Commissioners (NAIC) a Captive Insurer is an insurance company established by a parent firm for the purpose of insuring the parent’s exposures. Currently, 75 percent of the world’s Fortune …
Insurance Disclosures Under § 627.4137 and its “Teeth”
4/3/17
By: Jeremy W. Rogers
For those insurance defense attorneys and insurance carriers handling liability cases or claims in Florida, unless you have not been paying attention for the past 35 years, you are aware of Fla. Stat. § 627.4137 and …
It Can Take Much Less Than Fraud to Forfeit Insurance Coverage
3/28/17
When people think of insurance fraud, they likely imagine someone intentionally causing a loss in order to receive policy proceeds, but most insurance policies do not limit a carrier’s right to deny coverage or void the …
Strict Scrutiny Standard Applied for Reservation of Rights Letters
3/13/17
By: Joyce Mocek
The South Carolina Supreme Court recently addressed whether an insurer’s reservation of rights letter was adequate where a carrier was providing a defense in a claim and, adopting a strict scrutiny standard, found that the letters did …
Cancellation vs. Expiration: The Subtle Distinction and Why it Matters
2/14/17
In most jurisdictions, insurers must adhere to a detailed set of statutory provisions when cancelling or refusing to renew certain types of insurance policies. Most notably, insurers are often charged with delivering or mailing a written …
Belt And Suspenders: Reserving Rights In A Changing Liability Landscape
12/1/16
By: Philip W. Savrin
In many jurisdictions, substantive coverage cannot be expanded by means of waiver or estoppel. An important exception can exist where the insurer provides a defense to the insured in a third party liability action without having …
Insurance Claims "Arising Out Of" Halloween Festivities
10/19/16
By: Jessica Samford
As the witching hours of Halloween draw nearer, the time has come for the next installment of the FMG insurance coverage blog’s glossary of insurance terms. While the thought of interpreting a lengthy insurance policy may seem …
Self-Driving Cars Will Likely Change the Insurance Landscape
9/21/16
This week Uber debuts its pilot program for self-driving cars in Pittsburgh. These lucky Uber users in Pittsburgh will be among the first Americans to come into direct contact with technology that is expected to eventually make …
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