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
By: Jessica C. Samford
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
By: Connor M. Bateman
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
By: Melissa Santalone
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 …
FDA Continues to Fight the First Amendment But Facteau Deals Another Blow
8/18/16
By: Kristian Smith
Last month, a federal jury in Massachusetts acquitted two executives of medical device company Acclarent, Inc. of 14 felony counts of fraud related to off-label promotion of Acclarent’s “Stratus” device. United States v. Facteau, et al. stemmed …
Mixed Ruling for Penn State Insurer as New Allegations Surface in Jerry Sandusky Coverage Case
7/13/16
By: Bill Buechner
Approximately 4 years ago, former Penn State defensive coordinator Jerry Sandusky was convicted on 45 counts of child sexual abuse arising out of the molestation of 10 boys over a period of 15 years. Sandusky was sentenced …
“Occurrence” v. “Offense:" Understanding the Trigger of Coverage Under the Standard CGL Policy
6/28/16
By: Mandy Proctor
It is commonly understood in the insurance industry that the standard CGL policy provides coverage for bodily injury and property damage, which is caused by an “occurrence” resulting in loss during the policy period, as well as …
There is Too Much Foam in My Latte
6/23/16
By: Seth Kirby
This week a federal judge in California has ruled that a class-action lawsuit against Starbucks can proceed. The lawsuit alleges that the company has systematical cheated its customers by under filling its latte based beverages. The plaintiffs …
The Expanding Duty to Defend
5/24/16
By: Phil Savrin
An insurance company’s duty to defend is broader than a duty to indemnify in at least three ways. First, a duty to defend is often based on the allegations of facts, even if the allegations are groundless, …