Coverage & Claims

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In 316, Inc. v. Md. Cas. Co., Case No. 3:07cv528-RS-MD (N.D. Fla. May 21, 2008), an insured, whose commercial building had been damaged by Hurricane Ivan, alleged that its insurer acted in bad faith by refusing to pay for the damages. …
Read More Florida Bad Faith – Federal District Court Finds That Policyholder Failed To Sufficiently Plead Punitive Damages Claim

The Minnesota Supreme Court recently affirmed the transfer of an insurance coverage action to a group of Minnesota judges specially assigned to hear asbestos cases.  In re Continental Cas. Co. v. 3M Co., Docket No. A07-784 (Minn., May 29, 2008). 

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Read More Minnesota High Court Approves Transfer of Coverage Dispute to Asbestos Judges

For the second time in just over a year, both houses of the New York Legislature passed a bill that would reverse New York’s longstanding “no-prejudice” rule.  Senate Bill 8610 and Assembly Bill 11541 (the “Bill”) prohibits insurers from denying a claim based on late notice unless the insurer can show that it was prejudiced by the untimely notice. …
Read More NY Legislature Passes Late Notice Bill Reversing Longstanding “No-Prejudice” Rule

The U.S. First Circuit Court of Appeals recently certified to the Massachusetts Supreme Judicial Court critical questions regarding allocation of loss to multiple insurers for long-term environmental contamination. …
Read More First Circuit Federal Appeals Court Certifies Important Allocation Questions to Massachusetts Supreme Judicial Court

In the case of (1) Ramco Ltd (2) Resource Industries Ltd v Weller Russell & Laws Insurance Brokers Ltd LTL 17/6/2008, David Donaldson QC  held that a broker was liable for failing to obtain “insurance coverage which clearly and indisputably meets its clients’ requirements.” Resource Industries Limited (RIL) was a company which traded in surplus army stock. 

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Read More UK: Broker Liable for Failing to Meet Client’s Requirements

In a recent trial, a jury awarded $21 million to a grocery store chain and its owner against their insurer for the insurer’s unreasonable failure to pay for Katrina-related damages sustained to several of their stores.  The trial in the case of Marketfare Annunciation, LLC, et al. v. United Fire & Casualty Insurance Com, et al., took place in federal court in Louisiana. 

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Read More Louisiana Jury Awards $21 million Against Insurer for Katrina Claims

A federal class action lawsuit was filed recently against a number of mortgage companies and other lending institutions in the Eastern District of Louisiana.  The Law Offices of Joseph M. Bruno, et al. v. ABN Amro Mortgage Group, Inc., et al., Case No. 08-2762 (E.D.La. May 1, 2008).   (

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Read More Mortgage Lenders Sued in Federal Class Action Lawsuit Questioning Order of Katrina Loss Payments

The Eighth Circuit Court of Appeals has upheld a lower court decision to apply a multi-factored choice-of-law analysis in an insurance coverage dispute involving multiple-risk policies.  Click here to read the appellate court’s entire opinion in the case of St. Paul Fire and Marine Ins. Co. v. Bldg. Constr. Enter.,

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Read More Eighth Circuit Rejects Principal Location Choice-of-Law Test and Applies Multi-Factored Test for Multiple-Risk Policies