Washington State Supreme Court Holds That Insurance Adjusters Cannot Be Liable for Bad Faith
In a highly anticipated decision, the Supreme Court of Washington closed the door on statutory bad faith claims against insurer-employed adjusters. The case is Moun Keodalah and Aung Keodala v. AllstWhat Is Modern Warfare? Ninth Circuit Rules War Exclusions Do Not Preclude Coverage for First Party Loss Caused by Hamas Rocket Attacks
On July 12, 2019, the Ninth Circuit Court of Appeals found two “war†exclusions inapplicable, under California law, to a loss caused by 2014 hostilities between Israel and Hamas. UniversaWhen a Bad Apple Spoils the Bunch: An Appraiser’s Bias May Cost the Policyholder in the Long Run
In a long-awaited decision, Colorado’s highest court ruled a designated appraiser in a property insurance dispute must remain impartial and free from favoring one party over the other. SpecifiWisconsin Top Court Limits “Knowing Violation†Exclusion By Looking Beyond Facts Alleged in Complaint
In a decision that could expand the scope of the duty to defend, the Wisconsin Supreme Court recently held that a “knowing violation of the rights of another†exclusion did not apply evenWe Need Your Vote!
Attention Blog readers! We are proud to announce that our Insurance and Reinsurance Report blog have made it to the voting round in The Expert Institute’s 2018 Best Legal Blog Contest! OverWhat on Earth? Court Finds Ambiguous Property Appraisal Award for Earthquake Damage
The U.S. District Court for the Southern District of Illinois recently held that outstanding coverage issues and an ambiguous notation in an appraisal award precluded a finding that an insurer satisfiWhat is Brexit and its Legal Ramifications for the UK?
The 28 nation “single market†received a stunning blow when the UK voted, in a referendum on June 23, 2016, to terminate its membership and, subsequently, its passport-free, duty-free, traWaiver Rears its Head: Equitable Subrogation Against “Other Insurance†Waived by Failure to Preserve Rights
Questions of “other insurance†arise whenever two or more insurers could provide coverage for a claim against a common insured. If one insurer is put in the position of settling a claim whWhat’s Yours is Mine and What’s Mine Isn’t Covered: Illinois Federal Court Rejects Coverage for Suit Seeking Restitution
In Westport Insurance Corp. v. M.L. Sullivan Insurance Agency, Inc., No. 15 C 7294, 2017 U.S. Dist. LEXIS 1527 (N.D. Ill. Jan. 5, 2017), an Illinois federal district court underscored the importance oWhat’s Yours is Mine and What’s Mine Isn’t Covered: Illinois Federal Court Rejects Coverage for Suit Seeking Restitution
In Westport Insurance Corp. v. M.L. Sullivan Insurance Agency, Inc., No. 15 C 7294, 2017 U.S. Dist. LEXIS 1527 (N.D. Ill. Jan. 5, 2017), an Illinois federal district court underscored the importance oWhat Would the Insurance Provisions of Dodd-Frank Look Like Under the Trump Administration?
The incoming Trump Administration has already signaled its intent to repeal, or at the very least reform, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). To date, PresidentWhat Would the Insurance Provisions of Dodd-Frank Look Like Under the Trump Administration?
The incoming Trump Administration has already signaled its intent to repeal, or at the very least reform, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). To date, PresidentWildfire Smoke Constitutes “Direct Physical Lossâ€
An Oregon federal court decision deemed “air†physical property covered by a property insurance policy, in holding that wildfire smoke infiltration of an outdoor theater caused a physicalWisconsin’s Strict Exhaustion Requirement Burns Insurer
In Burgraff v. Menard, Inc., 2016 WI 11 (Wis. 2016), the Wisconsin Supreme Court affirmed a Court of Appeals decision that determined Millers First Insurance Company breached its continuing duty to deWisconsin’s Strict Exhaustion Requirement Burns Insurer
In Burgraff v. Menard, Inc., 2016 WI 11 (Wis. 2016), the Wisconsin Supreme Court affirmed a Court of Appeals decision that determined Millers First Insurance Company breached its continuing duty to deWhich Came First? Turns Out, It May Not Matter. Illinois Appeals Court Weighs in on Anticoncurrent-Causation Clause for the First Time
For the first time, an Illinois court addressed an anti-concurrent causation clause. In Bozek v. Erie Ins., 2015 IL App.(2d) 150155 (Dec. 17, 2015) , an Illinois appellate court held a homeownerâ€Which Came First? Turns Out, It May Not Matter. Illinois Appeals Court Weighs in on Anticoncurrent-Causation Clause for the First Time
For the first time, an Illinois court addressed an anti-concurrent causation clause. In Bozek v. Erie Ins., 2015 IL App.(2d) 150155 (Dec. 17, 2015) , an Illinois appellate court held a homeownerâ€Wrongful Debt-Collection is not Wrongful Repossession; Insured is Not Covered
Parties to an insurance contract beware; a Missouri Court of Appeal’s analysis to determine the presence of an ambiguity in an insurance contract is more complex than meets the eye. In, Wolfe AWhere Throwing in the Kitchen Sink Doesn’t Help — Orient Overseas Assocs. v. XL Ins. Am., Inc.
In its recent decision, the Appellate Division (1st Dept.) of the New York Supreme Court may have provided insurers with another basis to dismiss arguably duplicative claims arising from Super Storm SMeet The Experts
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