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 …
During Hurricane Season, Rains Come Down and Claims Handling Ramps Up
7/6/21
By: Justin Boron
With the dog days of summer here and Hurricane Elsa bearing down on parts of the Gulf Coast, it’s worth a reminder that hurricanes precipitate—in addition to other weather phenomena—insurance claims.
The claims handling insurance laws as …
5/27/21
By: Richard Smith
If I go there may be trouble, but if I stay it will be double…
These lyrics from the 80’s song by The Clash does a fairly nice job describing the dilemma that an insurance defense lawyer …
5/24/21
By: Phil Savrin
The Supreme Court of Georgia has dealt a severe blow to an insurance company’s ability to require advance notice of a lawsuit against its insured before being exposed to extra-contractual liability for the full amount of the …
It May Be Legal, But It’s Not Civil
4/13/21
By: Michael Weinberg
A recent decision in the matter of Legal Sea Foods, LLC v. Strathmore Insurance Company, USDC (Mass) further addressed coverage for business income and extra expense losses caused by both state and local governments nationwide orders (the “Orders”) in …
4/8/21
By: Kevin G. Kenneally, Esq. and William E. Gildea, Esq.
The embattled NY Governor Andrew Cuomo backtracked on his signature pandemic legislation that recently unraveled and marred his reputation, as allegations of cronyism and endangering the state’s most vulnerable elderly …
Texas’ Perfect Storm May Result In Largest Insured Loss In Texas History
4/8/21
By: Ken Coronel
Texas residents are still recovering from the extreme winter storm which left the state reeling from days of widespread blackouts, water shortages, millions left in the dark, and business closures. From the standpoint of the carriers writing …
3/31/21
By: Isis Miranda
“If you take a rock and throw it through a window, then you don’t get coverage for [the] costs of fixing it.” An attorney representing one of the nearly 30 insurance companies being sued by Duke Energy …
3/26/21
By: Barry Miller
Notice provisions in claims-made policies are not subject to the notice-prejudice rule, according to a Kentucky decision applying the Restatement of the Law of Liability Insurance (“Restatement”).
Kentucky State University tendered a claim under its professional liability …
Insuring Cryptocurrency: Where Insurers Fear to Tread
3/10/21
By: Alexia Roney
When Janet Yellen, U.S. Treasury Secretary, called Bitcoin “extremely volatile” on February 22, 2021, the market proved her point as the cryptocurrency dropped a sixth of its value the next day. Yet, the cryptocurrency market, now worth …
2/8/21
By: Lee Whatling
Last month, the Supreme Court of the United Kingdom clarified the applicability of 21 sample insurance policy wordings to business interruption losses resulting from the COVID-19 pandemic and actions taken by UK public authorities in response to …