Insurance

Risky Business - Contractual Protections in the “New Normal”

Federal Court In Oklahoma Grants Summary Judgment For Insurer Following Coverage Dispute And Bad-Faith Litigation Addressing Claimant’s Status As An “Insured” Under Policy

North Carolina Business Court Interprets “Other Insurance” Provision And Applies “Cause” Test To Determine Number Of Deductibles For First-Party Coverage

Federal Court Holds Texas Anti-Indemnity Act Does Not Bar All Additional Insured Obligations

Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs

Federal Court In Georgia Dismisses Bad Faith Claims Because Insureds’ Communications Did Not Constitute A Pre-Suit Demand

Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold

South Carolina Court Of Appeals Finds Coverage For Asbestos Claim Despite Products Hazard And Operations Hazard Exclusion

The Fourth Circuit Affirms Virginia District Court’s Adoption Of “True Excess Is Always Excess Rule”

Applying Mississippi Law, Fifth Circuit Reverses And Renders Summary Judgment To Excess Insurer Based On Insured’s Failure To Comply With Policy Claim And Notice Provisions

Mississippi Supreme Court Unanimously Concludes Pollution Exclusion Is Ambiguous

Supreme Court Of Texas Answers Certified Questions Regarding Causation

Federal Court In North Carolina Holds Suits For Fraudulent Business Practices Not Covered

Federal Court In Oklahoma Held No Bad Faith Exists Where Insurer Had Insufficient Information With Which To Respond To Policy Limits Demand

Fifth Circuit Addresses Order Of Priority Between Two Excess Insurers

Fourth Circuit Upholds Finding That Excess Insurer Did Not Act In Bad Faith Where Insured Would Not Be Liable To Pay

Oklahoma Supreme Court Holds Subsidence And Earth Movement Exclusion Excludes Coverage For Claims Stemming From Seismic Activity Caused By Insured’s Oil And Gas Operations

Prior Knowledge Provisions: What Your Insurer Wants to Know Pre-Policy (and Why)

Federal Court In Louisiana Finds Evacuation Order Issued In Advance Of Hurricane Satisfies Civil Authority Requirement That The Civil Authority Action Result From Property Damage

Concurrent Causation and the Policyholder’s Burden to Segregate Damages in Texas

Federal Court In North Carolina Dismisses Unfair And Deceptive Trade Practices Claims Against Insurer

Fourth Circuit Affirms That A Master Policyholder Has No Standing To Sue Its Insurer For Defense Costs In Litigation Against The Master Policyholder By Insured Certificate Holders

Federal Court In Florida Finds Commercial Property Policy’s Water Exclusion Precludes Coverage

Federal Court In Texas Finds No Coverage For Post-Judgment Tender

Florida Appellate Court Holds That Policy’s Appraisal Provision Applies To Assigned Claim

Florida Appellate Court Holds Concealment Or Fraud Provision Applies When Insured Relies On Materially False Estimate Even If Insured Did Not Prepare It

North Carolina Appellate Court Equates “Knowingly” With “Willful” In Applying Violation Of Penal Statute Exclusion

Louisiana Court Of Appeal Finds Owner’s Verbal Authorization To Affix His Signature On A UM Waiver Form Insufficient To Waive Uninsured Motorist Coverage

Eleventh Circuit Upholds Decision Finding Commercial Policy Unambiguously Limits Coverage To Premises In The List Of Scheduled Properties

South Carolina Supreme Court Holds Embedded Labor Costs May Be Depreciated To Calculate Actual Cash Value

Texas Supreme Court Clears Pathway For Attorneys’ Fees In UM/UIM Cases

Texas Supreme Court Holds Stowers Action Not Available Where There Is No Judgment Or Settlement In Excess Of Policy Limits

The “No Voluntary Payments” Clause and Why it’s Important

Arbitration Versus Mediation

Limit Your Risk Through Careful Contracting

Claim Reporting – Your First Step to a Smooth Claim Process

Making Sense of Claims-Made-and-Reported Policies