Courts ended 2020 with a flurry of insurance decisions.  Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims.  Within two days of each other, federal district court judges found, on the one hand, that Covid-19 business interruption losses were not …
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Rivkin Radler Managing Partner Evan Krinick recently published an article in various Mealey’s publications that analyzes the decisions and results of 25 years’ worth of insurance cases in the New York Court of Appeals. Here are some of the highlights: of the 187 insurance law cases decided by the Court, 161 were carrier v policyholder …
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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s liability for allegedly breaching the implied covenant of “seisin” – that is, the covenant that the grantor …
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Court Rules That Assault And Battery Exclusion Precludes Coverage For Slip And Fall On Spilled Drinks During Melee C&S Franklin Realty (a landlord) filed a declaratory judgment action against the insurer of C&S’s tenant (a nightclub), seeking additional insured coverage for an underlying personal injury action alleging a slip and fall on spilled drinks “due …
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Here is what we cover in our December Insurance Update. In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy. A New Jersey federal judge considers whether an insured is covered under its E&O policy for an email spoofing scheme. Federal courts in California and Pennsylvania …
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Federal District Court Finds That Gender Discrimination And Intentional Infliction Of Emotional Distress Claims Were Not Claims For Covered “Occurrences” Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions.  Waiting Room’s liability insurer, …
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Our November Insurance Update touches upon some novel issues. Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? Must a workers’ compensation carrier pay for medical marijuana costs? Does a pollution exclusion bar a landlord’s costs to …
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Court Holds Employee Of Contractor Exclusion Precluded Coverage For Accident That Would Not Have Occurred “But For” Contractor’s Work Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks.  Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a grinder …
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Here’s what you’ll find in our October Insurance Update: Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases Ninth Circuit Rejects Excess Insurer’s “Improper Erosion” Theory Insurer Had No Duty to Defend Landfill Operator in Criminal Proceeding Stemming from Pollution Incidents, Fifth Circuit Holds Repeated Fuel Thefts by Truck Drivers Who Exploited Programming Glitch …
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David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes. Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a …
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