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A Subpoena May Be a Claim if the Insured says It Is

Whether or not there is coverage under a D&O Policy to pay for expenses incurred responding to a governmental subpoena is a recurring question that nets an inconsistent answer from courts around the country. While the question is often fact specific, an Illinois Federal Court held that a D&O policy provided coverage for expenses incurred responding to a subpoena, and in fact, looked outside of the subpoena itself to make that finding. In Astellas US Holding, Inc. v. Starr Indem.

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Property Damage Repairs Prior to Notice of Loss to Insurer Forfeits Coverage

A recent Florida appellate opinion gives more teeth to repercussions for failing to give timely notice of a property damage loss to an insurer. In De la Rosa v. Florida Peninsula Insurance Company, 2018 WL 2246781 (Fla. 4th DCA 2018), a plumbing leak in the insureds’ residence resulted in interior water damage. Rather than report the claim immediately to the insurer, the insureds first completed all of the repairs. While the insureds retained some of the damaged plumbing components they

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Landers and Restoring Time for Appraisals

Troy Beecher, an experienced insurance coverage attorney in Goldberg Segalla’s Orlando office, scrutinizes a recent decision from a Florida District Court of Appeal, Landers v. State Farm Florida Insurance Company, which liberalizes and encourages insurance bad faith litigation in Florida.  Troy delves into the decision and why it undermines the purpose behind civil remedy notices.  Troy otherwise discusses how the court neutered safeguards to a flood of bad faith action litigation stemming from property coverage disputes.  Troy also shares his predictions

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Insurance Companies May Get the Last Say Regarding Arming Teachers

Three months after the Marjory Stoneman Douglas High School shooting, and just days after the Santa Fe High School shooting, the debate continues to rage over whether the presence of armed teachers and/or officers would increase school safety, or just increase the risk of a shooting. The idea’s not new – arming teachers was the subject of serious debate after the 2012 Sandy Hook massacre, but the idea was quickly shut down in most areas by insurers.  Now, the spotlight

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The ALI Votes to Approve the “Restatement of the Law of Liability Insurance”

After nearly a decade of debate and controversy, the American Law Institute (ALI) voted to approve the much anticipated Restatement of the Law of Liability Insurance (RLLI) at its annual meeting on Tuesday, May 22, 2018.  The project that ultimately resulted in the RLLI was launched in 2010, under the direction of Reporter Tom Baker of the University of Pennsylvania School of Law and Associate Reporter Kyle D. Logue of Michigan Law School, and produced nearly 30 drafts through the lifecycle of the project, before

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Introducing Timely Notice: What’s New and Exciting in Insurance Law

Timely Notice is your on-the-go source for sharp takes and expert analysis of the latest trends, breaking news, and sea-changes in global insurance law and the insurance marketplace. With episodes hosted by Goldberg Segalla partners, including Jonathan Schwartz and Sharon Angelino, Timely Notice offers intelligent insights, frequently delivered, and in easy-to-digest episodes you can access any time. The podcast will feature discussions with outside and in-house counsel, claims professionals, underwriters, brokers, and other insurance industry professionals. Whether you listen on your

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A Window Opens? Are Defective Product Construction Defect Claims Covered Under Pennsylvania Law?

A recent decision from a Pennsylvania court highlights tension in Pennsylvania law regarding whether a construction defect claim involving consequential damages caused by a defective product involves a covered “occurrence.” Sapa Extrusions, Inc. v. Liberty Mut. Ins. Co., 2018 WL 2045496 (M.D. Pa. May 1, 2018). In this coverage action, the insured, a window frame manufacturer, sought a declaratory judgment that it was owed coverage for an underlying action brought by a customer that used the window frames to manufacture

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