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Article 16/06/2022
A Louisiana intermediate appellate court issued its decision in the appeal of Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s, London et al., Case No. 2021-CA-0343, on June 15, 2022. The plurality decision of the court is notable as it is the first appellate ruling in the country to have reversed a trial court’s order in favor of insurers and find coverage under standard commercial property policy language for business interruption loss related to the COVID-19 pandemic.
Article 15/06/2022
Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to help alleviate rising insurance costs, increases insurance claim transparency, and cracks down on frivolous lawsuits which drive up costs for all Floridians. It amends certain prohibited advertisement practices for contractors, and reigns in property insurance bad faith litigation and litigation by assignees.
Article 10/06/2022
Federal courts generally have a “virtually unflagging obligation” to exercise the jurisdiction that Congress has conferred to them. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976). But the Declaratory Judgment Act is different. It provides that in “a case of actual controversy … any court of the United States … may declare the rights and legal relations of any interested party seeking such declaration.”
Article 25/05/2022
Insurers and consumers alike are seeing the emergence of cryptocurrency in their daily lives. As increasing numbers of companies worldwide begin using bitcoin and other digital assets for a host of investment, operational, and transactional purposes, it raises an important question: How is cryptocurrency defined for the purposes of insurance coverage?
Article 26/04/2022
Insurance coverage attorneys often face challenges when seeking to enforce policy exclusions on their clients’ behalf. To that end, New York appellate courts have ruled on certain policy exclusions so often that their enforcement is akin to legal doctrine; yet, some exclusions remain virtually untouched by the higher courts, leaving the respective lawyers for policyholders and insurers alike to battle ardently over the meaning of what are otherwise clear, plain terms.
Article 21/04/2022
On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to replacement of payment cards impacted in a data breach, vacating an earlier decision in which the court found that Target was not entitled to coverage.
Article 07/04/2022
This week’s decision by the Eleventh Circuit in McNamara v. Gov't Employees Ins. Co., __ F.4th __, No. 20-13251, 2022 WL 1013043 (11th Cir. Apr. 5, 2022) expands the circumstances under which insurers in Florida may face exposure to third-party bad faith claims. At issue in McNamara was whether a bad faith action based on the insurer’s failure to settle a claim within policy limits may be predicated on a consent judgment between the claimant and insured, rather than a litigated judgment against the insured.
Report 28/02/2022
New York’s Comprehensive Insurance Disclosure Act (the “Act”) has been amended, limiting the scope of insurance information that defendants must provide in a litigation. Proposed amendments to New York’s Comprehensive Insurance Disclosure Act (the “Act”) were passed by the New York Senate and Assembly on January 26, 2022 and February 17, 2022, respectively.
Article 28/02/2022
New York’s Comprehensive Insurance Disclosure Act (the “Act”) has been amended, limiting the scope of insurance information that defendants must provide in a litigation. Proposed amendments to New York’s Comprehensive Insurance Disclosure Act (the “Act”) were passed by the New York Senate and Assembly on January 26, 2022 and February 17, 2022, respectively. The bill was delivered to New York Gov. Kathy Hochul on February 24, 2022 and signed into law on February 25, 2022. The newly amended Act likely comes as welcome news to defense counsel, insureds, and insurers as it provides additional time to complete insurance disclosures, no longer applies retroactively, and limits the information required in the disclosures. Here we will discuss the changes to the newly amended Act and their impact on defense counsel, insureds, and insurers.
Article 24/02/2022
In Florida, a liability insurer has an affirmative duty to initiate settlement negotiations before receiving a settlement demand, but only in cases where liability is clear, the policy limits are insufficient, and there is a likelihood of an excess judgment against the insured. Here, we analyse a recent case addressing the scope of this duty.
