Insurance Update

Our February insurance update discusses several issues involving first-party and third-party insurance claims.

• The Florida Supreme Court answers a certified question about the type of damages available to first-party litigants in breach of insurance contract cases.
• The Tenth Circuit considers the breadth of an earth movement exclusion and whether damage caused by a rolling boulder falls within its scope.
• A Texas appellate court provides some guidance on a difficult and recurring issue: Is there an “occurrence” when an insured acts under a mistaken belief of authority?
• An Indiana federal court decides whether a bankruptcy proceeding is a “suit” and whether it triggers an insurer’s defense obligation.
• A Missouri federal court addresses whether a products-completed operations exclusion applies to a bodily injury claim arising from an exploding battery.
• Courts in Pennsylvania and Rhode Island discuss coverage for claims involving home heating oil releases.

We hope that you find these cases informative.

Robert Tugander and Greg Mann