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 …
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 …
5/9/23
In a closely watched case of first impression, a New Jersey appeals court panel held on Monday that a “hostile/warlike action” exclusion contained in an “all risks” property insurance policy does not bar coverage for nearly …
Important Principle of Insurance Law Reinforced
4/20/23
Applying Florida law, the 11th Circuit in Shiloh Christian Center v. Aspen Specialty Ins. Co., 22-11776, has reversed a district court’s grant of summary judgment in favor of an insurer, instead holding that the subjective …
3/27/23
By Jaemie L. Paraon and Albert K. Alikin
Several states have well-established case law holding that insurance carriers have a right to bring a direct malpractice action against defense counsel they retained to defend an insured, as long as …
3/24/23
The United States Court of Appeals for the Eleventh Circuit, in a per curiam though unpublished opinion, has once again had the opportunity to apply the Supreme Court of Georgia’s holdings in the 2012 decision Hoover v. …
Florida Supreme Court Finds Appraisers Cannot Have Pecuniary Interest in Outcome of Appraisal
2/15/23
By Jessica Cauley and Jonathan Schwartz
The Florida Supreme Court weighed in and resolved a conflict between district courts regarding appraised property claims and held that an insured’s public adjuster, who accepts an assignment on a contingent fee basis, is …
CHATGPT AND COVERAGE B: What Copyright Liability Exposures Could AI Users Face?
2/9/23
By Alexia R. Roney and Matthew F. Boyer
Previously, we introduced you to ChatGPT and the concept of an AI Chatbot application here. This week, we discuss the legal exposure that comes hand-in-hand with the internet – copyright infringement, …
Policyholders obtain rare wins in COVID-19 coverage cases against insurers
11/29/22
In what is believed to be the first jury trial in the nation on the issue of whether a commercial property insurance policy covers business interruption losses due to COVID-19, Baylor College of Medicine won a …
Storms and hurricanes: what can insurers do to improve outcomes for all on storm-related claims?
10/14/22
By: Jessica Cauley, Jessica Samford, Jonathan Schwartz, and Julia Bover
What Else is in Store for Hurricane Season 2022?
As many Floridians begin to return to their homes—or to find that their homes no longer stand—reminders come …
When it comes to Exclusions in Insurance Policies, Grammar will Make it Tense
10/12/22
By: Jessica Cauley and Marc Shrake
In September 2022, the United States Court of Appeals for the Eleventh Circuit affirmed a seemingly unassuming district court decision finding coverage for a claim following a violent act at a hospital in Miami-Dade …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
9/16/22
By: Barry Miller
Acuity v. Masters Pharmaceutical, 2022-Ohio-3092 (September 7, 2022), considered a “growing and diverging” body of case law applying commercial general liability (“CGL”) policies in opioid cases. Prior courts differed on whether CGL claimants must link …