Showing all results for category “Writing and Speaking”

7th Circuit Sides with Insurer, Bars Coverage for Hackers’ Fraud

August 18, 2026 / News / Writing and Speaking

The 7th U.S. Circuit Court of Appeals recently construed a policy providing coverage for losses due to email fraud. It found that an exclusion applied and denied coverage for a $4 million loss.

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Florida’s Second District Court of Appeal Reverses Insurer Summary Judgment in Late Notice Case

August 7, 2026 / News / Writing and Speaking

Presumption of prejudice is not guaranteed in late notice cases. Kelly Vogt analyzes a Second District Court of Appeal ruling that, based on the applicable policy language, the insurer’s policy voided the presumption of prejudice was improperly applied by the trial court., ultimately reversing the trial court’s summary judgment.

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Court Finds Insurer Not Liable for TCPA Subagent’s Violation

August 5, 2026 / News / Writing and Speaking

A principal is only liable for a subagent’s conduct if the principal authorized or ratified that subagent’s authority to act. Don Sampen analyzes the Seventh Circuit Appellate Court’s ruling that an insurer that authorized its agents to hire a telemarketing firm was not liable for Telephone Consumer Protection Act violations committed by the firm’s subagent.

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Southern District of Florida Rules Insureds Must Provide Prompt Notice and Ample Opportunity for Insurers to Investigate Claims

July 22, 2026 / News / Writing and Speaking

Insured parties must give prompt notice and ample opportunity to examine the origin of claimed damages, or they risk forfeiting coverage. Paris Baker analyzes a Southern District of Florida ruling in a case arising out of a water damage claim filed weeks after the original incident. The court ruled that the insured’s delay prevented the insurer from having a fair opportunity to investigate the incident, and it granted summary judgment in the insurer’s favor.

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Florida’s Fourth District Court of Appeal Reverses Ruling and Remands for Summary Judgment for Insurer in Breach-of-Contract Dispute

July 22, 2026 / News / Writing and Speaking

Florida’s Fourth District Court of Appeal ruled that Florida Statute Section 627.7152 regulates the initial insured-to-contractor assignment as well as following transfers of post-loss benefits. Paris T. Baker, Esq. analyzes the case arising from a breach-of-contract dispute regarding a homeowner’s policy.

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Justices Find Insured Violated Auto Policy Notice Stipulation

July 21, 2026 / News / Writing and Speaking

Court reaffirms the 2006 Livorsi factors for late notice. Don Sampen analyzes a 1st District Appellate Court ruling which, under the 2006 Livorsi criteria, held that an insured’s late notice of an automobile accident precluded liability coverage for a claim brought by an injured passenger.

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Florida’s Third District Court of Appeal Weighs in on Awards of Fees with Unsubstantiated Multipliers and Non-Testifying Expert Costs

July 13, 2026 / News / Writing and Speaking

Florida Third DCA reverses award of attorney’s fees with multiplier and fees for non-testifying experts. Kelly Vogt breaks down Florida’s Third District Court of Appeal’s recent opinion in a property insurance case, in which over half of the original $1 million award for attorneys’ fees was reversed or remanded on appeal.

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Texas Supreme Court Upholds “Open and Obvious Danger” Precedent to Reverse $4M Verdict in Premises Liability Case

July 8, 2026 / News / Writing and Speaking

Open and obvious dangers are the individual’s responsibility, says the Texas Supreme Court. Caitlin Bratt breaks down the court’s decision reversing a $4 million verdict against a roofing company after an independent contractor fell 30 feet off a roof and sued for failing to safeguard its edge.

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Court Nixes Bad-faith Claim Absent Successful Action on Auto Policy

July 7, 2026 / News / Writing and Speaking

A First District Appellate Court decision holds that a bad-faith claim under the Illinois Insurance Code requires a successful action by the insured against the insurer on the policy. Don Sampen analyzes the court’s affirmation of a summary judgment for State Farm in a vehicle accident and injury case.

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Southern District of New York Holds Bad Faith Claims May Lie Against Liability Carriers

June 25, 2026 / News / Writing and Speaking

New York liability carriers may be exposed to allegations of bad faith claims handling. Jacob Zissu analyzes the Southern District of New York’s ruling that bad faith claims are not limited to first-party insurance claims. The court also found that such claims can stand independently from breach of contract when the insurer’s misconduct during the claims process goes beyond the breach itself.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri