Steven D. Allison, Sheila Z. Chen, Terrence R. McInnis, Samrah Mahmoud, Brooke Lindsey and Christy Markos | Troutman Pepper Locke Key Points On July 27, 2026, the California Supreme Court issued a significant opinion in Fox Paine & Company, LLC v. Twin City Fire Insurance Company, No. S287404, with important implications for excess insurers. In a unanimous decision… Continue reading California Supreme Court Allows Declaratory Relief and Bad Faith Claims to Proceed Against Excess Insurers Before Underlying Exhaustion
Tag: Declaratory Relief
Insurer’s Motion to Dismiss “Redundant Claims” Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian.… Continue reading Insurer’s Motion to Dismiss “Redundant Claims” Denied
Claim of Future Injury Not Basis For Declaratory Relief
Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief