Category: Insurance

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

Emily Hart | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. Nahant Preservation Trust, Inc. v. Mount Vernon Fire Ins. Co., 2023 WL 5266290 (1st Cir. Aug. 16, 2023).… Continue reading First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

William S. Bennett | SDV Insights Following significant backlash in reaction to the Nevada legislature’s new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1  The regulation modifies two key… Continue reading Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Vincent Fernandez, Jamal McBroom, Michael Montgomery and Samantha Wuschke | Butler Weihmuller Katz Craig Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim.… Continue reading Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation

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

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