Walter Judge | Downs Rachlin Martin Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year limitations period in the homeowners policy for bringing suits against the insurer, was… Continue reading VSC Rules “Date Of Loss” Not Ambiguous
Category: Insurance Coverage
Minnesota Supreme Court Issues Ruling on First-Party Bad Faith Statute
Gina M. Foran | Duane Morris The Minnesota Supreme Court issued its long-anticipated ruling regarding the requirements an insured must prove in order to satisfy the state’s first party bad faith statute. Minn. Stat. § 604.18 creates a direct cause of action by an insured against its insurer if the insurer fails to act in… Continue reading Minnesota Supreme Court Issues Ruling on First-Party Bad Faith Statute
Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
J. Kent Crocker | PropertyCasualtyFocus The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and weighed in on the interpretation of the two prongs contained within the statute.… Continue reading Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Michael Velladao | Lewis Brisbois In Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed… Continue reading Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
Jeff Clare | Gravel 2 Gavel As the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining… Continue reading Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside