To paraphrase Justice Oliver Wendell Holmes Jr., a case ‘which appeals to the feelings and distorts the judgment’ makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals resisted the urge to let its emotions carry the day.
The United States District Court for the District of Colorado, applying Colorado law, has held that the notice-prejudice rule does not apply to claims-made liability policies where an insured did not merely provide late notice, but failed to provide any notice directly to an insurer.
A jury has issued a $48.5 million verdict in favor of Baylor College of Medicine in COVID-19 business interruption coverage it filed against Lloyd’s underwriters, in the first such verdict on the issue.
Amidst a rapid proliferation of social-media posts offering people tips on how to easily steal a Kia or Hyundai automobile, two Iowans have filed a class-action lawsuit against the car makers. Ann Brady of Polk County and Leah Price of Decatur County are suing Kia America, Inc., Hyundai Motor America, and Hyundai Kia America Technical Center.
AIG’s National Union Fire Insurance Company has been sued by Sunoco subsidiary Aloha Petroleum for refusing to cover the costs of defending climate-related claims by local governments in Hawaii.
A Leon County circuit judge has rejected a challenge by contractors to part of a new property-insurance law that restricted attorney fees in insurance disputes. Judge J. Lee Marsh issued an order Monday dismissing a constitutional challenge filed in May by the Restoration Association of Florida and Air Quality Assessors, LLC, an Orlando firm that does work such as mold testing and leak detection.
A settlement has been reached in a Mississippi class action suit accusing USAA of failing to pay the full actual cash value (ACV) of totaled vehicles, just days after a judge rejected the carrier’s motion to dismiss the suit.
Federal Judge Robert Pitman, who presided over the 15-day mistrial of Blue Bell’s former president, has ruled in another case involving the Brenham, TX-based creamery. From his Western District of Texas federal court bench, Pitman granted the motion for a summary judgment favoring two insurance companies over Blue Bell Creameries USA Inc.
The Washington Supreme Court became the fifth state supreme court to rule in insurers’ favor Thursday in COVID-related business interruption litigation when it unanimously ruled against a dental practice.
Companies purchase insurance for litigation protection in the form of an insurer’s duty to defend lawsuits. Under New Jersey law, the duty to defend begins with the filing of a complaint that includes allegations that might trigger coverage.
State Farm Fire and Casualty Co. has agreed to pay the federal government $100 million for potential liability over its handling of flood insurance claims after Hurricane Katrina, settling a lawsuit that two whistleblowers filed against the company more than 16 years ago.
Last month, thieves stole millions of dollars’ worth of jewelry from a Brink’s tractor-trailer in a late-night heist, and according to a new lawsuit filed by the security company, one of the drivers was asleep inside the vehicle during the robbery.
The owners of a former downtown Tucson nightclub recently were awarded $1.6 million after suing their landlord for locking them out during the COVID-19 pandemic in 2020.
In Saoud v. Everest Indemnity Insurance Co., the Sixth Circuit Court of Appeals held that an ‘unregistered security exclusion’ barred coverage for various underlying lawsuits under a professional liability policy.
Families along Upper River Caney and Lower River Caney roads recall how the floodwaters that rushed through their narrow hollow turned from a muddy brown to a charcoal gray late last month.
