Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
5/24/22
By: Barry Miller
Can the same conduct be unintentional, under a broad reading of the word “intent,” and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured can lose …
5/23/22
By: Edward Storck
The recent decision in Tamara Dorfman v. Joscelyn Smith, et al, 342 Conn. 582, 271 A.3d 53 (March 29, 2022), addressed whether an insurer’s alleged conduct during litigation could form the basis of a “bad faith” finding …
4/22/22
In Erika L. McNamara, Willard F. Warren and Kenneth Bennett v. Government Employees Insurance Company, 2022 U.S. App. LEXIS 9090 (11th Cir. Apr. 5, 2022), the United States Court of Appeals for the Eleventh Circuit determined whether …
Chubb unit beats virus coverage suit brought by NJ apparel company
3/25/22
In GK Trading LLC v. Chubb Group of Insurance Cos. et al., the Superior
Court of New Jersey dismissed an apparel company’s suit seeking to have a Chubb
unit cover its losses arising from the coronavirus …
Florida Bad Faith: If Insurers Try Sometimes, They Just Might Find, They Get Summary Judgment
3/22/22
By: Matthew Boyer and Jessica Cauley
On February 15, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida’s bad faith law arising out of the United States District Court for the Southern District of Florida. Ellis v. GEICO Gen. …
The 11th Circuit deals blow to Employer’s Liability exclusion finding ambiguities under Alabama law
3/15/22
By: Mallory Ball
In James River Insurance Company v. Ultratec Special Effects Inc., 2022 U.S. App. LEXIS 1120 (11th Cir. Jan. 13, 2022), the 11th Circuit Court of Appeals, applying Alabama law, determined the “any insured” language in the …
3/3/22
By: Lee Whatling
Last month, the Eleventh Circuit issued an unpublished, per curiam opinion reaffirming its interpretation of Georgia’s bad faith law that authorizes summary judgment “if there is any reasonable ground for the insurer to contest the claim” even …
When Fido becomes family: insurance industry is impacted by new trends in American pet ownership
2/9/22
By: Marissa Dunn
The verdict is in: Americans view pets as family. 70% of American households (90.5 million families) own a pet,1 and 57% of millennials own a dog, some even choosing to have a fur family over a …
2/3/22
By: Jessica Cauley
On January 27, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida law to the benefit of insurance carriers who provide umbrella UM coverage. The Circuit Court held that insurance carriers’ responsibility under Fla. Stat. 627.727(2), …
The Travis Scott concert tragedy and related insurance issues
12/27/21
Around the year-end holidays, news of tragic deaths is as shocking as it is heartbreaking. Just last month, ten people lost their lives from being trampled or crushed to death at a music festival in Houston, Texas. One of them was only 9 years old. In addition to the …
12/23/21
By: David A. Slocum
The Massachusetts Appeals Court recently held, based on an “uninsured location” exclusion in a homeowner’s policy, that an insurer was not required to defend and indemnify an insured homeowner against a third-party’s negligent misrepresentation claim arising out of the …