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 …
Insurer’s reasonable grounds to contest coverage overcome misstatements to an insured that did not deny liability
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Last month, the Eleventh Circuit issued an unpublished, per curiam opinion reaffirming its interpretation of Georgia’s bad faith law that authorizes summary judgment “if there is any reasonable ground for the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 …
Unpublished Eleventh Circuit opinion affirms Florida excess insurance carriers’ “substantial compliance” with UM coverage requirement is sufficient to avoid liability
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On January 27, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida law to the benefit of insurance carriers who provide umbrella UM coverage.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
By: Jessica C. Samford
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 …
“Uninsured location” exclusion in homeowner’s policy precludes coverage for negligent misrepresentation claims.
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 …
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. …
First impression: California Court of Appeal finds no coverage for COVID-related Business Income loss
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 …
Massachusetts’ highest court holds that the Massachusetts standard auto policy covers third-party claims for inherent diminished value to repaired vehicles
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 …