Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages

Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability Coverage.  Scottsdale filed a declaratory judgment action seeking a declaration that Patrick McGrath was not covered under the policy for a claim against McGrath. 

September.  Synonymous with back to school, the end of summer, and the start of the NFL season.  And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the Ninth Circuit.

The public policy in most states is to enforce arbitration agreements in

Court Declines To Rescind Policy Based On Issues Of Fact As To Materiality Of Alleged Misrepresentations

Union Mutual disclaimed coverage for a fire loss at its insured’s restaurant and sought to rescind its policy based upon the insured’s alleged misrepresentations in its application that it did not have “open flame cooking” or a Single Room

Here is what you will find in our August Insurance Update:

• Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms
• Fifth Circuit Finds Insurer Has Duty to Defend Insured for a Data Breach Litigation Under Policy’s Personal and Advertising Coverage
• Warranty Exclusion Bars D&O Liability Coverage for

The New York Court of Appeals’ past term was as unusual a term as practitioners and judges ever could have imagined. Of course, COVID-19 continued to affect the Court’s operations. On top of that, the early retirement of Judge Paul Feinman, followed by his untimely death, the subsequent retirement of Judge Leslie Stein, and the

Southern District of New York Holds That COVID-19 Claim Not Covered

Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations following state and municipal shutdown orders.  XL Insurance issued the Café a commercial property policy that provided business interruption coverage in the event

A recent federal appeals court case applying Utah law goes to the heart of the conflict that arises between a policyholder and insurer when an insurer defends a policyholder under a reservation of rights and receives a settlement offer. The case is Owners Ins. Co. v. Dockstader, No. 19-4156 (10th Cir. June 29, 2021).

The

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

Alan Rutkin authored the Best’s Review article,  “Cyber Threats: Get Ready and Get Tough.”

In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks.

“Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution.
• An appellate court in New York