Insurance Update

Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues.

The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims.

The Wisconsin Supreme Court discusses obligations owed to “innocent insureds,” while a California appellate court addresses the liability of a life insurer for the acts of an independent broker.  Woven throughout these cases are arguments based on domestic abuse and elder abuse, issues one does not ordinarily expect to see in an insurance case.

Two courts – the Kentucky Supreme Court and the Tenth Circuit (applying Utah law) – discuss the elements of third-party bad faith, and particularly, whether an insurer had a duty to settle.

The Eleventh Circuit considers if a TCPA claim based on unsolicited text messages falls within an invasion of privacy exclusion.

The Florida Supreme Court decides an issue favorable to insurers, but not so much for defense counsel.

And a Missouri appellate court considers if methamphetamine is a “contaminant,” and whether that dooms coverage for a homeowner’s cleanup claim.

We hope that you find these cases informative.

Rob Tugander and Greg Mann