11/6/23
North River Insurance Company v. Leifer, No. 22-1009, 2023 WL 2978970 (2d Cir. Apr. 18, 2023) involved an insurance coverage dispute between The North River Insurance Company (“NRIC”) and Max D. Leifer and the Law Offices …
11/6/23
North River Insurance Company v. Leifer, No. 22-1009, 2023 WL 2978970 (2d Cir. Apr. 18, 2023) involved an insurance coverage dispute between The North River Insurance Company (“NRIC”) and Max D. Leifer and the Law Offices …
11/2/23
By: P. Betty Su
A recent decision by the U.S. District Court for the Central District of California illustrates how a choice-of-law decision by the court can sometimes make or break an insurance coverage case.
In North River Ins. Co. …
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction manager. The construction …
Everything is Bigger in Texas: Can the Duty to Indemnify Be Broader Than the Duty of Defense?
9/18/23
By: Shawn Bingham
Whoever came up with the marketing slogan “everything is bigger in Texas” was probably not thinking of insurance law. Yet, as we are reminded by a recent Fifth Circuit opinion, the phrase may, under limited circumstances, describe …
California Court Declines Reformation of Insurance Policy
9/13/23
By: Joseph Gonnella
The Motor Carriers of Property Permit Act requires certain motor carriers to maintain minimum liability coverage of $750,000 (“MCPPA” codified at Veh. Code, § 34600). Does this also require insurers to issue policies to those carriers with …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
Risk-Pooling with JIFs: When Self-Insurance is Not Insurance
8/3/23
Statewide Insurance Fund v. Star Insurance Company, 253 N.J. 119 (2023) involved an insurance coverage dispute between a public entity joint insurance fund (JIF) and Star Insurance Company (Star), a commercial general liability insurance company.
At …
Insured’s Failure to Submit Proof of Loss May Not, Without More, Support Denial of Florida Claims
7/27/23
By: Adam P. Reichel
Under Florida law, an insured may in certain situations avoid forfeiture of coverage, despite failing to submit a proof of loss statement. If the insured can show that the insurer was not prejudiced by the insured’s …
7/6/23
By: Jonathan Schwartz and Glenn A. Klinger
In a surprising decision, the Wisconsin Supreme Court sua sponte overturned Wisconsin Pharmacal Co., LLC v. Nebraska Cultures of California, Inc., 2016 WI 14, admitting that the Court erred in “incorporating the …
6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, which we detailed in Down It …
5/24/23
By: Ben Dunlap
In John Moriarty & Associates, Inc. v. Zurich American Insurance Company, the Appeals Court held that an insurer’s failure to pay defense bills after agreeing to defend its insured may be a breach of the insurer’s …