Hannah Makinde and Kristin Bryan | Squire Patton Boggs The Northern District of Illinois recently declined to stay an action for declaratory relief relating to an insurance coverage dispute arising out of the ongoing Clearview litigation. This was because, the court held, determination of whether an insurance policy applied did not require resolution of facts related… Continue reading Court Denies Stay in Coverage Dispute Arising Out of Clearview Litigation
Category: Insurance Coverage
Snapshot: Insurance Claims and Coverage in USA
Marion Leydier, Mark F. Rosenberg and William D. Torchiana | Sullivan & Cromwell Insurance claims and coverage Third-party actions Can a third party bring a direct action against an insurer for coverage? As a general rule, such direct actions are not permitted in most states absent an unsatisfied judgment against the insured. A few states… Continue reading Snapshot: Insurance Claims and Coverage in USA
Claim Against Broker Survives Motion to Dismiss
Tred R. Eyerly | Insurance Law Hawaii The insured’s complaint against its broker for failure to secure adequate coverage survived a motion to dismiss. Broecker v. Conklin Prop., LLC, 2020 N.Y. App. Div. LEXIS 7399 (Dec. 2, 2020). Conklin Property, LLC purchased real property and entered into a contract with JJC Contracting,… Continue reading Claim Against Broker Survives Motion to Dismiss
A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
John David Dickenson, Chad A. Pasternack and Alexandra Schultz | Property Insurance Law Observer In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect damages flow from the alleged breach of contract. By doing so,… Continue reading A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
Does a CGL Policy’s “Business Description” or “Class Code” Limit Coverage?
Farrell Miller | Cozen O’Connor One way a CGL insurer can narrow otherwise broad bodily injury and property damage coverage is by activity. Activities that face similar risk can be grouped using an activity classification code, which can be incorporated into the policy through a class limitation endorsement. For instance, a policy issued to an… Continue reading Does a CGL Policy’s “Business Description” or “Class Code” Limit Coverage?