Court finds plaintiff’s attorney fees covered by liability policy
One of the most misunderstood provisions in a Commercial General Liability policy is the first sentence, which provides that the insurance company promises to provide coverage for damages “because of” bodily injury or property damage. [...]
Washington courts continue to expand policyholder access to insurer files
The Travelers Home and Marine Insurance Company, and its lawyers, recently had a rough couple of days in the U.S. District Court for the Western District of Washington. On August 24 and 25, that court [...]
Insurer learns hard lesson in failing to settle
Insurers control the defense of claims against their insureds, but this control comes with the risk that failing to settle a case could result in a verdict much greater than the available limits under the [...]
In Washington, late notice may not preclude coverage, but it could cost you your fee claim
The Washington Court of Appeals recently issued an unpublished opinion that should serve as a warning to policyholders pursuing coverage in Washington. On its surface, The Port of Longview v. Arrowood Indemnity Co. (Aug. 2, [...]
Insureds cannot let sleeping dogs lie during policy periods
A recent opinion by the Washington Supreme Court serves as an important reminder to insureds that changes during a policy’s coverage ought to be carefully minded to avoid gaps in insurance coverage. As I’ve written [...]
Courts continue to struggle with specialty cyber-insurance products
Following a significant victory for policyholders earlier this year for cyber security losses under CGL (Commercial General Liability) policies, in PF Chang’s China Bistro, Inv. v. Federal Ins. Co. a federal judge in Arizona recently [...]
Florida Court of Appeals again holds that insureds may assign rights under a policy after a loss occurs.
Last year, I wrote about a decision by Florida’s Fourth District Court of Appeal (link here) holding that an insured, post-loss, could assign its claim against its homeowner’s insurance policy. Recently, the same issue was [...]
Insurer’s claim denial may violate state consumer-protection statutes even when the insurer has no duty to defend
As I wrote in an earlier blog post (see my August 10, 2015 article here), insurers have a duty to defend their policyholders against any potentially covered loss, which means that insurers are required to [...]
Florida Court of Appeal case serves as a reminder to be mindful of how claims are pleaded
A recent opinion out of the Fourth District Court of Appeal in Florida highlights the importance of properly pleading claims so that insurance coverage is triggered. In Mid-Continent Cas. Co. v. Royal Crane, LLC, Cloutier [...]
Interpreting “vandalism” shows how ambiguity works in insurance-coverage disputes
Intention can be a tricky concept in many areas of the law, from criminal prosecutions to insurance-coverage cases, as illustrated in a recent California case, Hung Van Ong v. Fire Ins. Exchange (Apr. 3, 2015). The Ong [...]