Lorelie S. Masters, Michael S. Levine and Charlotte Leszinske | Hunton Andrews While liability for PFAS—Per- and Polyfluoroalkyl Substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by… Continue reading PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
Category: Insurance Coverage
Quiet Title Action Does Not Involve Covered “Loss”
Nathan B. Lovett | Wiley Rein The United States District Court for the Eastern District of California, applying California law, has held that a professional liability insurer had no duty to defend its insured in an underlying lawsuit because the suit did not seek “Loss” as defined in the policy. Dollar Point Ass’n, Inc. v. United… Continue reading Quiet Title Action Does Not Involve Covered “Loss”
Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Tred R. Eyerly | Insurance Law Hawaii The trial court erred in placing the burden on the policyholder to establish depreciation in determining the actual cash value of the loss. SFR Serv., LLC v. Tower Hill Prime Ins. Co., 2023 Fla. App. LEXIS 3570 (Fla. Ct. App. May 26, 2023). The insureds’… Continue reading Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Margaret Karchmer | Wiley Rein The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured alleged it had detrimentally relied. Scott v. Certain Underwriters at Lloyd’s London Subscribing to Policy No.… Continue reading Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida