Insurance Journal Families of the 98 victims of the 2021 condominium collapse near Miami Beach, along with injured survivors, could split hundreds of millions of dollars in payouts under a preliminary settlement agreement announced Wednesday. The settlement will top $997 million, the plaintiffs’ lawyer said in Miami-Dade Circuit Court, according to reports in the Miami… Continue reading Surfside Condo Families and Survivors Reach $1B Settlement with Insurers, Others
Category: Insurance
Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
Alicia Gurries | Cozen O’Connor A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The Ninth Circuit had submitted the… Continue reading Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
Surety Duty To Investigate Triggered After Filing Of Bond Claim
Colin J. Troy | Wood, Smith, Henning & Berman Although surety companies are generally not liable for tort damages to a third party, Washington’s legislature has carved out a limited exception for the setting up and sitting of mobile homes. The Revised Code of Washington (RCW) establishes a per se violation of the Consumer Protection… Continue reading Surety Duty To Investigate Triggered After Filing Of Bond Claim
Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022 In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue the… Continue reading Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights