Florida Supreme Court Reiterates Florida Law that Ambiguous Policy Wording...
The Florida Supreme Court, answering a certified question from the U.S. Eleventh Circuit Court of Appeals, clarified that Florida courts must construe unclear policy wordings in the insured’s...
View ArticleEighth Circuit Rules Coinsurance Requirement Applies Based on Whether Claim...
The U.S. Eighth Circuit Court of Appeals has held under Arkansas law that a property policy required calculation of a coinsurance penalty based on actual cash value, not replacement cost value, as the...
View ArticleAlabama Supreme Court Reverses Itself and Finds Assault and Battery Exclusion...
The Alabama Supreme Court, on rehearing, has reversed itself and has held that an assault and battery exclusion bars coverage of damages awarded to an assault victim as a result of an...
View ArticleFederal Court in North Carolina Holds Coverage for Wrongful Death Limited by...
A federal court in North Carolina recently held that coverage for claims against an adoption agency arising out of the wrongful death of a child at the hands of his adoptive parents was limited to the...
View ArticleFlorida Supreme Court Holds Fee Recovery Clause in Indemnity Agreement Valid
The Florida Supreme Court has approved provisions in indemnity agreements that require an indemnitor to pay defense costs in an amount higher than was actually paid for the defense. First Baptist...
View ArticleGeorgia Supreme Court Holds "Made Whole" Doctrine Does Not Apply to Some...
The Georgia Supreme Court has held that the “made whole” doctrine does not apply to commercial property policies that expressly authorize an insurer to pursue subrogation rights...
View ArticleFederal Court in Louisiana Rejects Excess Insurer's Duty to Defend Based on...
A federal district court in Louisiana held that a claim is not insured under an excess policy until the insured’s liability exceeds the underlying limits and that an excess insurer, which...
View ArticleTexas Appellate Court Holds that "Your Work" Exclusion Does Not Abrogate Duty...
An appellate court in Texas recently held that an insurer owes a duty to defend when the allegations against the insured potentially support a covered claim outside the policy’s...
View ArticleFederal Court in Virginia Finds No Federal Question Jurisdiction Regarding...
A federal court in Virginia recently found that it did not have jurisdiction to consider a case involving the application of the MCS-90B Endorsement - a creation of federal law - because the...
View ArticleFederal Court in Alabama Holds Insurer Not Liable for Bad Faith for...
A federal district court in Alabama has held that insurers should not be held liable for bad faith for contesting their duty to defend administrative claims and regulatory enforcement actions resulting...
View ArticleFifth Circuit Affirms Ruling that Notice Requirement in Coverage "Buy Back"...
The U.S. Fifth Circuit Court of Appeals, applying Texas law, recently held that the failure to comply with a notice provision of an endorsement may entitle an insurer to deny coverage without proof of...
View ArticleEleventh Circuit Holds “Program Manager” Satisfies FLSA’s...
As most employers are aware, the Fair Labor Standards Act (“FLSA”) requires that employers pay non-exempt employees overtime compensation for any hours worked over 40 in a workweek....
View ArticleWorkplace Safety Under Alabama's New Gun Law
Effective August 1, 2013, Alabama's recent gun law creates a new dynamic for workplace safety across the State. Commonly referred to as the "Guns in the Parking Lot Act," the Act...
View ArticleSecond Circuit Rules Class Action Waivers In Arbitration Agreements Can Be...
On August 9, 2013, the United States Second Circuit Court of Appeals held that an employee cannot invalidate a class action waiver provision in an arbitration agreement, even when the waiver removes...
View ArticleCourt of Appeals of Kentucky Upholds Statute Prohibiting Arbitration...
The Court of Appeals of Kentucky has held that a risk pool agreement among self-insured entities constitutes a contract of insurance subject to Kentucky’s statutory prohibition against...
View ArticleSouth Carolina Supreme Court Holds Insurer’s Contribution Claim against...
The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...
View ArticleFlorida Supreme Court Holds Actual Repair Not A Condition Precedent to...
The Florida Supreme Court recently held that under Florida law, insurers must include overhead and profit in the replacement cost of a loss if the insured is reasonably likely to need a general...
View ArticleFederal Court in Alabama Applies Injury in Fact Trigger and Holds Claims for...
A federal court in Alabama held that a CGL insurer has no duty to indemnify its insured against enforcement actions under the Comprehensive Environmental Response, Compensation and Liability Act...
View ArticleNorth Carolina Court of Appeals Holds Whether Insurer Has Duty to Defend in...
The North Carolina Court of Appeals recently refused to consider an interlocutory appeal from an insurer with respect to its duty to defend, finding the issue of whether an insurer has a duty to defend...
View ArticleFederal Court in South Carolina Holds Roofer Not Entitled to Coverage for...
A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...
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