Seventh Circuit Holds That Replacement Cost Coverage Requires Aesthetic Matching in Hailstorm Claim
In the latest entry of “matching†jurisprudence under first party property policies, the Seventh Circuit Court of Appeals, acknowledging that jurisdictions have reached conflicting resultSecond Circuit Finds Insurer’s 52-Day Delay in Disclaiming Coverage Did Not Violate Insurance Law Section 3420(d)(2)’s Timely Disclaimer Requirement
The court of appeals for the Second Circuit recently confirmed that a liability insurer that waits to deny coverage so that it can investigate the facts giving rise to the disclaimer will not be estoSecond Circuit Holds That Policy May Be Rescinded Before a Claim is Submitted for Coverage
The Second Circuit has held that an insurer need not wait until a claim is submitted under its policy in order to seek rescission of the policy based on a material misrepresentation by the insured.&nSupreme Court of Georgia Raises the Bar for Bad Faith Claimants
In a long-anticipated ruling, the Supreme Court of Georgia clarified the state’s law on the prerequisites for an insured to sue its insurance carrier for bad faith failure to settle. The courtSouth Carolina High Court Allows Malpractice Claim by Insurer Against its Assigned Defense Counsel
Early March, in a narrow, carefully worded opinion, a divided Supreme Court of South Carolina ruled that a liability insurer may sue an attorney it retained to defend its insured where the attorneyâSixth Circuit Uses Every Tool in the Box To Build Case for Coverage for Defrauded Policyholder
July 12, 2018, we reported on the Medidata decision handed down by the Second Circuit in which the court found coverage for a claim resulting from social engineering fraud. We suggested the ruling inSecond Circuit’s Decision Upholding Social Engineering Fraud Coverage Likely a Paper Tiger
In a case closely monitored by the insurance industry, the Second Circuit upheld in a non-precedential summary order a New York federal district court’s summary judgment finding coverage underStreaming Insight: Q&A With Jonathan L. Schwartz
Goldberg Segalla marked spring 2018 with the launch of Timely Notice, our podcast that addresses in an engaging and easily digestible way many of the critical and cutting-edge issues facing insuranSeventh Circuit Recognizes Illinois Law to Allow Extrinsic Evidence in Evaluating an Insurer’s Duty to Defend
The Seventh Circuit recently handed down a decision encouraging Illinois courts to consider evidence beyond the complaint and the insurance policy when evaluating an insurer’s duty to defend. ISupreme Court of Texas Puts a Dent in Policyholders’ Demand for Discovery of Other Claims in Hail Storm MDL
On October 28, 2016, the Supreme Court of Texas squelched a trial court order granting a policyholders’ motion to compel that reached its bench by mandamus petition. The dispute arose out of muSupreme Court of Texas Puts a Dent in Policyholders’ Demand for Discovery of Other Claims in Hail Storm MDL
On October 28, 2016, the Supreme Court of Texas squelched a trial court order granting a policyholders’ motion to compel that reached its bench by mandamus petition. The dispute arose out of muSupreme Court of Texas Puts a Dent in Policyholders’ Demand for Discovery of Other Claims in Hail Storm MDL
On October 28, 2016, the Supreme Court of Texas squelched a trial court order granting a policyholders’ motion to compel that reached its bench by mandamus petition. The dispute arose out of muSeventh Circuit: No Insurable Interest, No Problem (For the Beneficiary, That Is!)
The Seventh Circuit recently affirmed a district court decision upholding payment under a life insurance policy purchased by a securities intermediary. The decision first addressed the common lawâ€Seventh Circuit: No Insurable Interest, No Problem (For the Beneficiary, That Is!)
The Seventh Circuit recently affirmed a district court decision upholding payment under a life insurance policy purchased by a securities intermediary. The decision first addressed the common lawâ€Seventh Circuit Finds Coverage for State’s Suit Seeking Costs of Drug Addiction
States and municipalities around the country have sued pharmaceutical companies for their alleged role in increasing levels of addiction and overuse of pharmaceutical products. These suits have givenSeventh Circuit Dispatches Insurer’s Coverage Defenses Against Ambulance Company
The Seventh Circuit affirmed a district court’s summary judgment in favor of an insured, finding that the insured may qualify as being in a “joint venture†with the named insured. ISCOTUS Orders Parties to Brief on Possible Compromise in ACA Case
On March 23, 2016, the U.S. Supreme Court heard oral arguments in Zubik, et al. v. Burwell, the case in which religious not-for-profits are challenging the process in which they can claim a religiousSay What You Mean and Mean What You Say, Says California Federal District Court
A California federal district court determined a standard Breach of Contract Exclusion under Coverage B of a CGL policy did not preclude the duty to defend for alleged disparagement. In MedeAnalytics,Supreme Court of Texas Declines to Adopt Incorporation Theory: But Destructive Repairs are Covered
Ruling on certified questions from the Fifth Circuit Court of Appeals, the Supreme Court of Texas has positioned the state as another jurisdiction to refuse to characterize mere incorporation of a defMeet The Experts
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