Geoffrey B. Fehling and Andrew S. Koelz | Hunton Insurancey Recovery Blog We recently posted about Nevada becoming the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what is called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim… Continue reading Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation
Category: Insurance
6th Circuit Declines To Resolve PFAS Coverage Dispute
Clayton Smith | Taft Stettinius & Hollister In June 2023, the U.S. Circuit Court for the Sixth Circuit declined to resolve a unique PFAS state-law issue in Admiral Insurance Co. v. Fire-Dex LLC when it rejected an insurer’s attempt to avoid coverage for per- and polyfluoroalkyl (PFAS) lawsuits and found that the U.S. District Court properly declined… Continue reading 6th Circuit Declines To Resolve PFAS Coverage Dispute
The End of Eroding Limits Policies in Nevada is Just the Beginning
Connor L. Kridle and Sarah J. Odia | Payne & Fears On June 3, 2023, Nevada Gov. Joe Lombardo signed into law AB 398 (the Act) which modifies the Nevada insurance code by restricting the types of liability policies that can be offered in the state. The End of Eroding Limits Policies in Nevada First, the Act… Continue reading The End of Eroding Limits Policies in Nevada is Just the Beginning
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”
Insurer Springs a Leak in Its Pursuit of Subrogation
Katherine Dempsey | White and Williams In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise to the plaintiff’s claims fell within the scope of a previously formed agreement, thereby rendering… Continue reading Insurer Springs a Leak in Its Pursuit of Subrogation