Missouri Court Finds That “Ineffective” Reservation Of Rights Letters May Support Bad Faith Recovery Even In The Absence Of Coverage

Carolyn a. Woodson | Jones Day | November 17, 2014 All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy quotations, and boilerplate reservation language. … Continue reading Missouri Court Finds That “Ineffective” Reservation Of Rights Letters May Support Bad Faith Recovery Even In The Absence Of Coverage

Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

Matthew Morris | Proskauer | November 18, 2014 It is rare to see a state’s highest court address a discovery issue.  But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how her homeowner’s insurance carrier’s claims adjusters handled other… Continue reading Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

More “Texas Justice” For Policyholder On Contractual Liability Exclusion

Nathan Lander | Risk and Recovery: Legal Insights for the Insured | November 4, 2014 On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy.  This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty… Continue reading More “Texas Justice” For Policyholder On Contractual Liability Exclusion

Insurance Coverage after Foreclosure?

Shane Smith | Property Insurance Coverage Blog | November 9, 2014 In August, the U.S. Court of Appeals addressed whether a homeowners’ property insurance policy was rendered void after the insureds lost the home in foreclosure, yet continued to reside in the home and suffered a loss.1 Fred and Debbie Baptist purchased their property insurance… Continue reading Insurance Coverage after Foreclosure?

No CGL Coverage for Faulty Workmanship Under Pennsylvania Law

Gilbert Lee | Sedgwick Insurance Law Blog | October 24, 2014 In State Farm Fire & Casualty Co. v. McDermott, 2014 WL 5285335 (E.D. Pa. Oct. 15, 2014), a federal court recently held that an insurer has no duty to defend or indemnify its insured against an underlying construction defect lawsuit containing causes of action sounding… Continue reading No CGL Coverage for Faulty Workmanship Under Pennsylvania Law