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 …
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 …
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 …