Got coverage? Claims-made policies, tolling agreements and “no prior knowledge” conditions
4/23/25
In Allied World Assurance Co. (U.S.) Inc. v. Golenbock Eiseman Assor Bell & Peskoe, LLP, No. 2024-01377, 2025 WL 793350 (N.Y. App. Div. Mar. 13, 2025), a New York appellate court examined whether …
Georgia Court of Appeals decides “resident relative” determination is for the jury
4/16/25
By: Mallory D. Ball
The Georgia Court of Appeals held in Allred v. Progressive County Mutual Insurance Co. that residence and domicile – and, in turn, whether a person qualifies as a “resident relative” under an insurance …
4/8/25
By: Rachel E. Hobbs
The Ninth Circuit Court of Appeals recently re-affirmed that when a property policy mandates an appraisal, the insured lacks standing to sue the insurer until the appraisal is complete. In 50 Exchange Terrace …
Sixth Circuit Court of Appeals affirms denial of coverage for data breach under CGL policies
3/27/25
By: Kyle A. Ference
In Home Depot, Inc. v. Steadfast Ins. Co., the U.S. Court of Appeals for the Sixth Circuit recently applied Georgia law in ruling that a commercial general liability (CGL) insurance policy did not …
3/25/25
House Bill 1518, introduced during Washington’s State House of Representatives 2025-2026 Regular Session, would establish a presumption of negligence in a tort action upon the driver in a collision between a “major motor …
Texas Appellate Court wipes away hospital’s claim of Covid property damage
2/24/25
By: Gabriel Canto
Another court of review joined a growing consensus in finding that the presence of the coronavirus (SARS-CoV-2) does not cause “direct physical loss of or damage to” property. In Lloyd’s Syndicate 1967 et al. v. …
2/21/25
The California FAIR Plan Association is a private association of all insurers licensed to conduct property or casualty business in California. The FAIR Plan was created by the California legislature to provide insurance to California …
California increases auto insurance minimums for the first time since 1967
2/12/25
After 58 years, California has raised the minimum amount of auto insurance drivers are required to carry. The Protect California Drivers Act, Senate Bill 1107, went into effect on January 1, 2025, with …
1/14/25
By: Amanda M. Figueroa and Marc J. Shrake
As expected, California Insurance Commissioner Ricardo Lara has issued a mandatory moratorium on cancellations and non-renewals of insurance for residential properties near the Palisades and Eaton …
Going above and beyond: North Carolina insurers may seek settlement even when they have no duty
1/13/25
By: Shawn Bingham
A recent appellate case from North Carolina is a reminder that insurers sometimes go beyond what is required of them. In Luis Ortez and Theresa Beddard Estes v. Penn National Security Insurance Company et. …
FMG convinces Eleventh Circuit to find for client on competing “other insurance” clauses
12/27/24
By: James G. Bozza and Jessica C. Samford
In a published opinion, the Court of Appeals for the Eleventh Circuit has held that purely excess language in one “Other Insurance” clause makes that policy …
Oh, Saturday night’s alright for fighting, but you won’t get a little coverage in
12/20/24
By: Jessica Cauley
On August 27, 2024, the United States District Court for the Southern District of Florida entered an Order granting Westchester Surplus Lines Insurance Company and Illinois Union Insurance Company’s Motion for Final Summary Judgment …