Recent Publications - Insurance Coverage


The Title Reporter: A Legal Update for the Title Insurance Industry
January 8, 2024 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Winter 2024:

  • The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled that Standard Exclusion 3(a) of a title insurance policy precluded coverage of fees and costs
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New York Insurance Coverage Law Update
December 27, 2023 | Insurance Coverage

Second Circuit Finds That Criminal Activities Exclusion Defeats Coverage For Disability Benefits

Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was served on him by the

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Insurance Update
December 21, 2023 | Insurance Coverage

Our December Insurance Update features a few firsts from state high courts. For the first time:

  • The Supreme Court of Hawaii addresses reimbursement of defense costs.
  • The Supreme Court of Illinois addresses coverage for construction defects.
  • The Supreme Court of Appeals of West Virginia addresses trigger.

At the federal level:

  • The Ninth
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A Sleeping Giant: New York’s Grieving Families Act
December 20, 2023 | General Liability | Insurance Coverage

The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed into law, will significantly broaden not only the categories of damages available in New York

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Law360: Insurer’s ‘600-Lb Life’ Win Shows Why Fraud Suits Don’t Stick
December 12, 2023 | Insurance Coverage

Robert Tugander wrote an article on the production company that produces the show “My 600-Lb Life,” and its the argument that its insurer fraudulently led it to believe it would have coverage for liability arising out of the show’s production.

To read the article, click the link below.

Law360 – Insurer’s ‘600-Lb Life’ Win Shows

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New York Insurance Coverage Law Update
November 29, 2023 | Insurance Coverage

New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy

The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity Company of New York agreed to provide universal life insurance coverage with Joan C. Lupe as the

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Insurance Update
November 17, 2023 | Insurance Coverage

In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.

Consent has seemed to plague TV-maker Vizio. First, it got into trouble with consumers by allegedly secretly collecting information about their viewing habits and selling that information without the consumers’ consent. Then, it reached a deal

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Law360: Illinois Trump Tower Ruling Illuminates Insurance ‘Occurrence’
November 15, 2023 | Insurance Coverage

Robert Tugander and Greg Mann wrote an article for Law360 on one of the most widely litigated issues: whether the insured’s liability stems from an “occurrence.”

To read the article, click the link below.

Illinois Trump Tower Ruling Illuminates Insurance ‘Occurrence’

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The Title Reporter: A Legal Update for the Title Insurance Industry
October 26, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Autumn 2023

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
  • A trial court in New York has granted summary judgment to a
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New York Insurance Coverage Law Update
October 26, 2023 | Insurance Coverage

Court Finds No Coverage For Stolen Jewelry Based On Conveyance Clause And Unattended Auto Exclusion

 The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry.  The insured’s complaint alleged that after attending a marketing event

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