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
Category: Insurance Coverage
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
Agent Not Responsible for Insured’s Lack of Coverage
Tred R. Eyerly | Insurance Law Hawaii The court dismissed the insured’s complaint against the agent for alleged failure to procure proper coverage. Asphalt Recovery Specialists, Inc. v. Gallagher, 2023 U.S. Dist. LEXIS 73112 (D. Colo. March 23, 2023). Asphalt Recover Specialists, Inc. (ARS) engaged Arthur J. Gallagher & Co. to procure… Continue reading Agent Not Responsible for Insured’s Lack of Coverage
Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.
Adam K. Hollander adn Haley A. Hinton | Barnes & Thornburg In Harleysville Preferred Ins. Co. v. Dude Products, Inc., the U.S. District Court for the Northern District of Illinois considered whether a general liability insurer had a duty to defend a putative consumer class action in which there were no specific causes of action for property damage.… Continue reading Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.