Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
9/16/22
By: Barry Miller
Acuity v. Masters Pharmaceutical, 2022-Ohio-3092 (September 7, 2022), considered a “growing and diverging” body of case law applying commercial general liability (“CGL”) policies in opioid cases. Prior courts differed on whether CGL claimants must link …
Post-judgment demand for prejudgment interest survives dismissal
9/7/22
By: Lee Whatling
The Eleventh Circuit Court of Appeals held recently that a claim for prejudgment interest made for the first time after liability had been determined was timely under Georgia law. In the underlying case, a Georgia district court …
Two Carolina Courts Reject COVID-19 Business Interruption Claims
8/29/22
By: Shawn Bingham
South Carolina’s Supreme Court became the latest high court to side with an insurer in a Covid-19 business interruption case, adopting the majority approach to interpreting “physical loss or damage” in the typical commercial property policy. On …
California Court of Appeal rules in favor of policyholder in COVID business interruption case
8/25/22
By: Shawn Bingham and Amanda Figueroa
Recently, the California Court of Appeals, Second District, became only the second appellate court in the country—state or federal—to rule favor of a policyholder on a Covid-19 business interruption claim by holding that the …
7/19/22
By: Ryan Giggi
Liability insurance policies do not cover G.L. c. 93A attorney’s fees in Massachusetts after a recent decision from the state’s highest court.
Vermont Mutual Insurance Company v. Paul Poirier et al, (July 6, 2022) rests on conceptual …
Minnesota Just Made it Harder for Insureds to Claim ‘Bad Faith’
7/12/22
By: Matthew Jones
In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured …
Coverage Doesn’t Stick in Teflon dispute
6/27/22
By: Erin Lamb
At its Petersburg, New York plant, Tonoga, Inc. made products and materials coated with polytetrafluoroethylene, better known by its trade name, Teflon. Before 2013, when making Teflon, Tonoga used perfluorooctanoic acid, perfluorooctane sulfonate, or a combination of …
Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia
6/6/22
FMG partners Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
5/24/22
By: Barry Miller
Can the same conduct be unintentional, under a broad reading of the word “intent,” and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured can lose …
5/23/22
By: Edward Storck
The recent decision in Tamara Dorfman v. Joscelyn Smith, et al, 342 Conn. 582, 271 A.3d 53 (March 29, 2022), addressed whether an insurer’s alleged conduct during litigation could form the basis of a “bad faith” finding …