Publications

As Florida insurers continue their attempts to narrow protections for policyholders, it is imperative – now more than ever – that insureds be well-informed and know their rights. Most recently, in Florida, insurers are attempting to weaponize the death of Senate Bill 1726 and House Bill 1287 to limit the documents disclosed to policyholders. Specifically, […]

On November 21, 2022, in the first case ever to reach a jury against the National Collegiate Athletic Association (“NCAA”), a Los Angeles County jury found the NCAA was not responsible for the death of former University of Southern California linebacker Matthew Gee. Gee played for the Trojans when the team won the Rose Bowl […]

The recent case, Prudential Insurance Company of America v. Sheppard,1 decided by the Federal District Court for the Middle District of Florida, highlights the importance of reviewing life insurance policy beneficiary designations for clarity and accuracy, to ensure that death benefits are properly paid to the intended beneficiaries. In this case, an employee of the Mayo Clinic […]

The “ensuing loss” clause is a provision that restores coverage for property insurance claims that are subject to certain policy exclusions, such as “faulty workmanship” and “faulty design.” It applies in cases where there is damage from a covered cause of loss that ensues, or results from, the excluded cause of loss. Courts across jurisdictions […]

While analyzing liability policies, courts grapple with a common issue: what constitutes a claim under a claims-made or claims-made-and-reported provision? When third-party claimants file suit, the analysis is often straightforward; the complaint itself is the claim. The analysis becomes murkier, however, when courts must determine whether a pre-suit notice—such as a demand letter—constitutes a claim. […]

Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement. The Hawaii Supreme Court is the latest to […]

Insurance is supposed to give us some level of confidence that should coverage be needed, it will be there. Often, however, this expectation does not correlate with reality, and beneficiaries are faced with unexpected denials on technical grounds. Life insurance is no exception. A common life insurance policy provision referred to as a “contestability clause,” […]

The construction industry, like many other industries, has experienced an increased reliance on, and implementation of, technology in the past few years. Smart phones and tablets are used on most project sites, computers are an integral part of the planning process, and various software programs are used throughout the construction process. Likewise, much of the […]

In a lawsuit resulting from Zurich American Insurance Company (“Zurich”) and American Guarantee and Liability Insurance Company’s (“AGLIC”) sudden change in coverage position, the First Circuit recently certified to the Massachusetts Supreme Judicial Court the question of whether rainwater accumulating on a roof meets the definition of ‘surface waters’ under Massachusetts law. Zurich and AGLIC’s […]

In Kayle Flores v. Life Insurance Company of North America1 (“Flores II”), the Ninth Circuit agreed with the insured and reversed the Central District of California’s finding that her Long-Term Disability claim was barred by res judicata. This case has a happy ending for the insured, but really underscores the importance of proceeding against a disability insurer […]

In National Casualty Company v. Georgia School Board Association – Risk Management Fund1, the Eleventh Circuit recently affirmed a Georgia rule under which irreconcilable “other insurance” clauses will not be enforced. The Eleventh Circuit found that, under Georgia law, when insurance policies’ “other insurance” clauses are “functionally the same” and cover the same risk, they […]

Federal and state courts tackled many interesting insurance-related issues this past year. Perhaps no state had a more impactful year than Illinois, which held that construction defects could constitute an occurrence, that a LEG 3 “extension” attempting to preclude coverage for faulty or defective workmanship was ambiguous as a matter of law (applying Illinois law), […]