News & Analysis as of

Insurance Claims

Wiley Rein LLP

Coverage Barred by Prior Acts Exclusion Under First Policy; No Coverage Under Second Policy Because Defendant did not Qualify as...

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The United States District Court for the District of New Mexico, applying New Mexico law, has held that a prior acts exclusion in a directors and officers policy barred coverage for an investor lawsuit alleging a scheme to...more

McGuireWoods LLP

North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements

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In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss...more

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

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Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

JUSTICENTER

How Long After a Hit-and-Run Accident Can You Be Charged?

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Hit-and-run accidents are taken seriously in California. Leaving the scene of a crash without stopping can lead to criminal charges, even if the damage seems minor. If you’re involved in a hit-and-run in Sherman Oaks or...more

Snell & Wilmer

Insurance Claims and the LA Fires

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Insurance has always been a critical backdrop in risk analysis. This is because when buying insurance, “an insured usually does not seek to realize a commercial advantage but, instead, seeks protection and security from...more

Stark & Stark

How the New Pennsylvania Distracted Driving Law Affects Drivers Starting June 2025

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Starting June 5, 2025, Pennsylvania will take a significant step toward improving road safety with the introduction of a new distracted driving law known as Paul Miller’s Law. This legislation is designed to address the...more

Davis Wright Tremaine LLP

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

Carlton Fields

Connecticut Federal Court Construes Ambiguous Policy Exclusion in Favor of Coverage, but Rejects Bad Faith Claim

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In A Priori Family Office LLC v. Valley Forge Insurance Co., the U.S. District Court for the District of Connecticut found the undefined term “surface water” in an all-risk insurance policy’s water exclusion ambiguous, so...more

Wiley Rein LLP

Applying a “Meaningful Linkage” Standard, Delaware Superior Court Concludes Two Lawsuits Do Not “Arise Out Of” Interrelated...

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The Delaware Superior Court has held that an underlying shareholder lawsuit and prior litigation alleging certain common facts did not arise out of Interrelated Wrongful Acts, and did not trigger either the Prior Notice or...more

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

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A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

Searcy Denney Scarola Barnhart & Shipley

Should You File a Slip and Fall Claim? Here’s What You Need to Know

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights....more

Maison Law

Hit-and-Run Accidents in California: Your Legal Options

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A wide variety of car crashes and other traffic accidents occur on California's roads each year. Common causes of accidents include actions by distracted, impaired and inexperienced drivers and vulnerable road users; adverse...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – May 2025 Update

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As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is our fourth year of this publication, and in February...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Clarifies Jurisdiction Rules for Mixed Action Lawsuits

In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to “mixed actions”—lawsuits that combine requests for both coercive relief (like...more

Cranfill Sumner LLP

Slip, Trip, Splash: Summer Hazards on Commercial Property

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Summer brings sunshine, sandals—and a spike in slip-and-fall accidents. As crowds flock to pools, amusement parks, outdoor malls, and restaurants with patios, property owners and businesses need to stay vigilant....more

Maison Law

Uninsured Motorist Coverage in California: What You Need to Know

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It is a horrible feeling to get into an accident and then realize that the other driver is either not insured or is not insured enough to provide you with the reimbursement that you deserve. That is where uninsured and...more

Bricker Graydon LLP

[Event] Insurance Exchange: The Current State of Public Policy & Insurance - June 26th, Columbus, OH

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Join industry leaders and experts for an insightful discussion on the current state of public policy and its impact on the insurance sector. This event will feature an in-depth analysis of legislative and regulatory issues,...more

ArentFox Schiff

Dispute Not Resolved: BCBSGA Sues Providers for Alleged Misuse of NSA Arbitration Process

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On May 27, Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. (BCBSGA) filed a lawsuit in the Northern District of Georgia US District Court, alleging that a group of health care providers, along with their third-party...more

Ward and Smith, P.A.

Cyber Liability Insurance: Is It Worth It?

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In connection with the increase in the number of incidents and attacks, the scope and impact of the incidents and attacks are also growing. With the rise in frequency and impact of cybersecurity incidents and cybercrimes,...more

Goldberg Segalla

Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights...

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The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,...more

Bennett Jones LLP

What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

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In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

Searcy Denney Scarola Barnhart & Shipley

Rear-End Collisions: Why They’re Often Much Worse Than They Look

When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a...more

Zelle  LLP

Holding an Insured to its Duties and Burdens

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Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent...more

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

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In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Steptoe & Johnson PLLC

Understanding the Impact on Employers of West Virginia’s Formal Recognition of Negligent Supervision Claims

In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more

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