Showing all results for category “coverage”

Florida Fourth DCA Reverses and Remands Due to Admission of Evidence of Estimated But Not Yet Incurred Repair Costs

Kelly Vogt analyzes a Florida Fourth District Court of Appeals opinions reversing the trial court’s decision and remanding for a new trial on the issue of damages after the trial court allowed the insureds to introduce estimated repair costs for work that was never performed.

East Coast CM Report of Recent Decisions – 2021 Volume 4

Judge Grants Insurers Motion To Compel Arbitration By Enforcing Arbitration Clause In Insurance Policy

In 299 N. Federal Master LLC v. General Security Indemnity Co. of Arizona et al., case number 0:21-cv-62349,

CM Report of Recent Decisions – 2020 Volume 1

Using The Special Interrogatory In Illinois Civil Jury Trials—A Plan Of Action

The plaintiff ’s bar—especially the plaintiff’s personal injury bar—has been clamoring for years in Illinois to abolish the special interrogatory. Plaintiff’s lawyers don’t like the special interrogatory because it places a much needed check on a jury’s rendition of a general verdict.

East Coast CM Report of Recent Decisions – 2019 Volume 2

The Fine Line Between The Duty To Defend And The Duty To Indemnify

The United States Court of Appeals for the Second Circuit affirmed a May 22, 2018, decision and order of the United States District Court for the District of Connecticut that found the language of an indemnity provision in a contract did not obligate United Illuminating Company (“United”) to indemnify Metro North Transportation Authority and Metro-North Commuter Railroad Company (collectively “Metro- North”) for the cost of defending against a personal injury suit because the intent of the language was to provide indemnification only for injuries actually caused by Metro- North.

East Coast CM Report of Recent Decisions – 2018 Volume 4

Custom Endorsement Limiting Liability For A Sewer Backup Enforced In Favor Of Insurer

A New Jersey Appellate Court found policy language limiting liability for a sewer backup to $25,000 was unambiguous and affirmed the Law Division’s grant of summary judgment to the insurer,

East Coast CM Report of Recent Decisions – 2018 Vol. 3

Defending A Claim For Attorney’s Fees In Bad Faith Actions: Third Circuit Court Of Appeals Affirms Decision To Deny Outrageously Excessive Claim For Attorney’s Fees

In a contested Bad Faith lawsuit brought by the named insureds against their insurance carrier,

East Coast CM Report of Recent Decisions – 2018 Vol.1

“Can We Lower Our Flood Coverage?” Insurance Broker Negligent After Being Found To Have Unilaterally Lowered Flood Coverage

The Second Circuit Court of Appeals has refused to overturn two jury verdicts that found an insurance broker negligent for reducing the flood sublimit on a New York property owner’s policy prior to Hurricane Sandy,

East Coast CM Report of Recent Decisions – 2017 Vol. 4

Have Fun And Be Wary: Three Recent Cases From The Second Department Discussing Primary Assumption Of Risk

A review of the Second Department decisions issued in the months preceding the close of 2017 revealed several interesting cases dealing with primary assumption of risk.

East Coast CM Report of Recent Decisions – 2016 Vol. 3

Articles in this report

Connecticut High Court Holds That Workers Compensation Insurers Can Sue Third-Parties To Recover Payments Made To An Injured Worker
In Pacific Ins. Co., Ltd. v. Champion Steel,