A small number of states, including Georgia and Missouri, have enacted statutes intended to provide clarity regarding the contents, timing and response to time-limited demands under certain circumstances. California recently joined this minority, passing Senate Bill 1155, California Code of Civil Procedure sections 999-999.5 effective January 1, 2023.
In a maritime insurance coverage dispute involving late notice to the insurer, a federal district court in Louisiana recently denied an insurer’s motion for summary judgment notwithstanding its findings that the insureds unreasonably delayed in reporting the loss and the insurer established actual prejudice resulting from the insureds’ unreasonable delay. Champagne v. M/V Uncle John, et al., No. 21-476, 2022 WL 6742007 (E.D. LA October 11, 2022).
Washington Supreme Court Allows Recovery of Extraordinary Damages for “Negligent Reproductive Healthcare”September 2022 | Category: Articles and Presentations
Have parents sustained compensable damages if they have an unplanned child as a result of a physician’s failure to meet the standard of care when providing contraceptive care? What if the child is born with disabilities that were not caused by the physician’s care? Is the physician liable for the extraordinary medical costs necessitated by the child’s condition? May the parents recover for emotional distress arising from raising a child with disabilities? The Washington Supreme Court recently answered these questions in the affirmative in Pacheco v. U.S., 515 P.3d 510 (2022).
Jason P. Minkin and Viridiana Marcial share insights on marine insurance coverage developments in the wake of Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC.
Adam H. Fleischer outlines key implications for insurance coverage for prescription opioid lawsuits in the wake of the Ohio Supreme Court's decision in Acuity v. Masters Pharmaceutical following the groundbreaking Delaware verdict in Ace American Insurance Co. v. Rite Aid Corp.
Applying New York law, the United States Court of Appeals for the Eleventh Circuit held that an all-risk marine insurer owed no coverage for engine failure. Great Lakes Ins. SE v. Wave Cruiser LLC, No. 20-14517, 2022 WL 2136681 (11th Cir. June 15, 2022).
Stanley Figura Shares Updates on Climate Change and Insurance Actions at 2022 ARIAS U.S. Spring ConferenceMay 2022 | Category: Articles and Presentations
Stanley V. Figura explored recent trends and developments related to climate change litigation and insurance actions at the 2022 ARIAS U.S. Spring Conference.
Businesses filed hundreds of lawsuits seeking business interruption coverage under their commercial property insurance policies for losses stemming from COVID-19. While many of those cases have been resolved, Lindsey Dean examines the next potential wave of COVID-19 claims on the horizon.
In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.
The Supreme Court of Delaware has issued a groundbreaking insurance ruling destined to help define the fundamental bargain at the heart of commercial insurance coverage, and demonstrate why such coverage does not extend to public nuisance claims.