It just became more difficult for plaintiffs to scream ‘Counter-Offer’
12/13/21
By: Matthew S. Jones
The California Court of Appeal for the Sixth Appellate District recently analyzed the issue of an agreed upon amount of a settlement and memorializing the settlement terms. In the case CSAA Ins. Exchange v. Hodroj (2021) …
Kentucky Supreme Court ends pro-insurer streak in bad faith cases
11/24/21
By: Barry Miller
Insurers have had a nice streak of winning bad faith decisions from Kentucky’s courts of appeal. But in September the Supreme Court of Kentucky reminded carriers that sometimes a jury gets to decide whether a coverage debate was reasonable. …
11/19/21
By: Marc J. Shrake and Mary-Kate Planchet
In the first COVID-19 Business Interruption case to reach the appellate level in California, the court used long-standing insurance principles to resolve the first-impression issue, finding against coverage.
The decision in The Inns …
11/3/21
By: R. Victoria Fuller & Ryan Giggi
In McGilloway v. Safety Ins. Co., the Supreme Judicial Court followed other jurisdictions in holding that part 4 of the standard Massachusetts automobile insurance policy provides coverage for third-party claims for the …
Greater protections against wildfires are on the way
10/26/21
By: Matthew Jones
The California Insurance Commissioner recently proposed a plan titled the California Fair Access to Insurance Requirements Plan (“FAIR Plan”) to help ease the burden of homeowners in areas threatened by wildfires. The recent large wildfires throughout the …
COVID-19 business interruption claims: Virus jurisprudence is no longer novel
9/29/21
By: Joseph Gonnella
Policyholders utilize a variety of wordings to describe their insurance coverage claims arising during the SARS-CoV-2 (“COVID-19”) pandemic. Under the insuring clauses of common commercial property policies, one of the relevant inquiries is whether COVID-19 causes “direct …
9/8/21
In Blue Devil LLC v. Ace Prop. & Cas. Ins. Co., No. 1:20-cv-12480, 2021 U.S. Dist. LEXIS 166886, (D.N.J. Sep. 2, 2021), plaintiffs, comprised of seven related LLCs, brought seven breach of contract claims (one …
New York “bad faith” bill seeks to expand recovery for insureds and third parties
9/2/21
In 2020, the New York State Assembly and Senate each proposed bills which sought to expand a policyholder’s ability to seek recovery from its insurer via claims for unfair settlement practices or “bad faith” claims.
The proposed bills, A5623B and S06216A …
After the fact wishes are not enough to change before the fact choices
8/31/21
By: Matt Boyer
The Eleventh Circuit declines to find that a policy’s coverage is illusory simply because the policy does not cover the damages the insured wants it to cover
On August 26, 2021, the Eleventh Circuit Court of …
8/16/21
The Eighth Circuit recently issued the first federal appellate decision regarding a claim asserting business interruption coverage because of COVID-19. In Oral Surgeons, P.C. v. The Cincinnati Ins. Co., 2021 U.S. App. LEXIS 19775 (8th Cir. …
No liability for property owners under Georgia’s Gang Act
8/12/21
By: Rachael Slimmon
On June 21, 2021, the Georgia Supreme Court addressed whether a property owner can be held liable for damages arising from a nuisance claim under the Georgia Street Gang Terrorism and Prevention Act. Star Residential, LLC et …
Update: Does what happens in mediation stay in mediation?
7/12/21
By: Barry Miller
Last August, FMG reported on Mosely v. Arch Specialty Fire Insurance, a case from the Court of Appeals of Kentucky that said courts cannot use an insurer’s conduct at mediation as evidence in a subsequent bad …