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Law.com

State High Court Bucks Trend Favoring Insurers, Sides With Restaurants Seeking COVID-19 Coverage

In more than 800 cases nationwide, federal and state courts have interpreted the phrase "direct physical loss" as requiring some physical alteration or damage to property. The North Carolina opinion's author, Justice Anita Earls, put the onus on the insurance companies to clearly indicate what is covered and excluded.
5 minute read

Daily Business Review

Navigating Florida Property Insurance Claims in a Post-Fee-Shifting World

This change has understandably caused concern among homeowners as the prospect of shouldering legal fees can make pursuing a claim financially daunting or impossible for most. Many in the industry, including public adjustors and plaintiffs attorneys who are familiar with property insurers’ regular practice of denying property claims without justification or underpaying claims, could reliably predict that these practices would worsen with the passage of SB 2A.
5 minute read

Law.com

US Judge Dismisses Securities Litigation Against Insurance Underwriter

U.S. District Judge Lewis Kaplan granted Argo Group's motion to dismiss for failure to state a claim where relief can be granted. Argo was represented by a team of Skadden attorneys.
2 minute read

Law.com

Insurers Dodge Sherwin-Williams' Claim for $102M Lead Paint Abatement Payment, State High Court Rules

This week, the Ohio Supreme Court unanimously agreed that the abatement fund payment did not constitute "damages" under Sherwin-Williams' insurance contracts.
5 minute read

International Edition

Kirkland, Debevoise & Nishimura Advise On $8.2B Japanese Acquisition of Resolution Life 

The transaction, which sees seven law firms provide counsel, follows Nippon Life’s initial 2019 investment in the business in 2019.
3 minute read

Law.com

Record Live Event Attendance Prompts Need To Revisit Insurance Policies

As record live event attendance continues to climb post-pandemic, so does the need for proactive safety measures. To defend against liability claims, a venue owner or operator must take pre- and post-accident steps to establish the venue acted with the safety of its guests in mind and bolster a defense that it acted within a reasonable standard of care.
4 minute read

Law.com

Class Actions Claim Progressive Undervalues Totaled Cars

The proposed classes are comprised of Maryland and Kansas residents who received a claim payment that was reduced by a projected sold adjustment based on the valuation report from Mitchell International Inc., a third party that develops software for auto insurance companies to use for claims management. Both classes accused the defendant of breach of contract and breach of the covenant of good faith and fair dealing.
3 minute read

The Legal Intelligencer

Waiving a Liability Insurer’s Right to Subrogation—Is It Appropriate?

An increasingly common source of delay and confusion seems to be whether a contracting party will, or even can, waive its liability insurer’s subrogation rights against the other party, especially when the latter is required to be listed as an additional insured on the first party’s liability insurance policy. At best, confusion in this area can gum up the works during negotiations and slow things down. At worst, it can lead to very unpleasant surprises down the road.
8 minute read

Law.com

Jones Day Client Seeks Indemnification for $7.2M Privacy Settlement, Plus Defense Costs

"CNA only agreed to pay claim expenses incurred on or after April 23, 2024. However, all of the claim expenses were incurred in connection with the civil action, as DOJ was, at all relevant times, investigating the allegations contained in the sealed qui tam complaint," Mark Rotatori, a partner at Jones Day, wrote on behalf of the plaintiff seeking indemnification.
4 minute read

The Legal Intelligencer

The Growing PFAS Morass: Why Insurance Should Cover These Products Liability Claims

With the increase in litigation and the newly minted state and federal regulations, companies of all types will likely be on the receiving end of an increased level of scrutiny from the public and the plaintiffs’ bar about potential claims involving products containing PFAS in some capacity.
9 minute read

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