What 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 aEURoewaraEUR? exclusions inapplicable, under California law, to a loss caused by 2014 hostilities between Israel and Hamas. UniversaSecond 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 estoTexas Supreme Court Opens the Door for Statutory Damages After Appraisal
Good faith use of the appraisal process to resolve legitimate valuation disputes under a property policy is no longer an absolute defense under Texas law to claims for statutory delay damages. In a pWhen a Bad Apple Spoils the Bunch: An Appraiser’s Bias May Cost the Policyholder in the Long Run
In a long-awaited decision, ColoradoaEUR(TM)s highest court ruled a designated appraiser in a property insurance dispute must remain impartial and free from favoring one party over the other. SpecifiPart 1: The California Consumer Privacy Act — What Insurers Need to Know
Assembly Bill No. 375, better known as the California Consumer Privacy Act (CCPA), is likely the most robust and sweeping privacy law in the United States. This is not surprising as California is notFlorida Ends Waiting Game and Creates Statutory Right of Contribution for Defense Costs
While FloridaaEUR(TM)s new Omnibus Insurance Bill for the most part updates laws relating to Florida surplus lines, its provision relating to a right of contribution for defense costs will have far-rPennsylvania Federal Court Reinforces The Principle That Liability Policies Insure Against Legal Obligations Owed To Others
Defense and indemnity obligations owed under liability policies depend on the allegations made in the underlying lawsuit. In NVR, Inc. v. Motorists Mut. Ins. Co., 2019 WL 989393 (W.D. Pa. Mar. 1, 201Congratulations, World! Atmospheric CO2 Levels Have Not Been This High in the Past Three Million Years
The world set a new record in May 2019, at least on a human perspective. Atmospheric concentrations of CO2 reached 415.26 ppm on May 14, as recorded at the Mauna Loa Observatory in Hawaii, a levFifth Circuit: False Imprisonment Caused “Bodily Injury†During Subsequent Policy Periods Sufficient to Trigger Coverage
In a notable deviation from decisions across the country, the Fifth Circuit recently ruled that injuries from false imprisonment could be sustained after the actual false imprisonment itself ended, tEleventh Circuit Holds Unlicensed Professional Was Not Engaging In “Professional Servicesâ€
The courts frequently apply insuring agreements broadly. However, in a recent decision, a court narrowly applied the definition of aEURoeprofessional servicesaEUR? to restrict coverage. SpecificalAbsent Policyholder Demand To Settle, Seventh Circuit Affirms Dismissal of Bad Faith Action Against Insurer After Unexpected Excess Judgment
The Seventh Circuit, applying Illinois law, recently tackled the highly-charged issue of a bad faith claim against an insurer for failing to settle for the policy limit. In Surgery Center at 900 NortClimate Change Litigation: Where Are the Coverage Suits?
There is an interesting question surrounding the present generation of climate change lawsuits currently working their way through the court system. Specifically, where are the duty to defend actionsContractual Liability Exclusion Defeats General Contractor’s Bid Against Six Insurers for Defense and Indemnity in West Virginia
West VirginiaaEUR(TM)s highest court recently handed down a well-articulated decision on the scope of a CGL policyaEUR(TM)s insuring agreement and exclusion for contractual liability, which could beContractual Liability Exclusion Defeats General Contractor’s Bid Against Six Insurers for Defense and Indemnity in West Virginia
West VirginiaaEUR(TM)s highest court recently handed down a well-articulated decision on the scope of a CGL policyaEUR(TM)s insuring agreement and exclusion for contractual liability, which could beFlorida Appellate Court Narrows Exception to Four Corners Rule
The general rule for determining whether a duty to defend exists for a particular claim is easily stated. If the allegations against the insured fall within the scope of coverage afforded by a liabilCan You Depreciate Labor? Tennessee Supreme Court Says No.
When calculating the actual cash value (ACV) amount of property damage, the labor component cannot be depreciated according to the Tennessee Supreme Court in a unanimous decision answering a certifieALI’s Restatement of Liability Insurance Advocates a “Split-the-Baby†Approach to Allocation of Long-Tail Claims
aEURoeAll sumsaEUR? or aEURoepro rataaEUR? aEUR" which one is the majority view for allocation of long-trail claims? Well, after eight years of iterative revision, the proposed final drReinsurance Trial Resolved after 10 Days and 15 Witnesses: “Follow the Fortunes†Cannot be Read into Reinsurance Contracts! Reinsurers Can Voluntarily Pay!
An insurer and reinsurer litigated their breach of contract actions against each other under two facultative reinsurance certificates in a New York federal court culminating in a 10-day bench trial pThe Evolving Impact of Burlington v. NYC Transit: In New York, is Proximate Causation Necessary to Trigger the Duty to Defend an Additional Insured?
In previous blog posts this year, and to keep up with how courts are interpreting the New York Court of Appeals 2017 decision in Burlington Ins. Co. v. NYC Transit Auth., 29 N.Y.3d 313 (2017), we disMeet The Experts
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