Category: Insurance

Insurer Litigation Guidelines: The Unholy Grail of Defense Cost Coverage

Lynda A. Bennett and Eric Jesse | Lowenstein Sandler READ THE TRANSCRIPT Lynda Bennett: Welcome back to Don’t Take No For An Answer. I’m your host, Lynda Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler. And it’s old home week. I’ve invited my partner, Eric Jesse, back today. Welcome back, Eric. Eric Jesse: Thank you… Continue reading Insurer Litigation Guidelines: The Unholy Grail of Defense Cost Coverage

The Made Whole Doctrine is Alive and Well in Virginia

Scott Hefner | Butler Weihmuller Katz While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al.… Continue reading The Made Whole Doctrine is Alive and Well in Virginia

Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase

Gus Sara | The Subrogation Strategist In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff’s tort claims against the manufacturer of an allegedly defective toilet water supply line were barred by the economic loss… Continue reading Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase

Eleventh Circuit Affirms Dismissal of First-Party Property Complaint for Failure to Meet Pleading Standard

J. Kent Crocker | PropertyCasualtyFocus The Eleventh Circuit Court of Appeals, in M&M Sisters LLC v. Scottsdale Insurance Co., affirmed the district court’s dismissal of an insured’s third amended complaint against its insurance carrier for failure to state a claim for relief without further leave to amend. The plaintiffs, M&M Sisters LLC and its two owners… Continue reading Eleventh Circuit Affirms Dismissal of First-Party Property Complaint for Failure to Meet Pleading Standard

Does a Water Backup Exclusion Include Sewage?

Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?