Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.
Author: thecicr
Complex Insurance Coverage Reporter – September 2018
Covering an American Epidemic: Insurance Coverage Issues Arising out of the Opioid Crisis and Top Developments
Top Developments – September 2018
Top Developments in Bankruptcy Injunction, Defense Cost Reimbursement, Duty to Defend, Estoppel, Excess Insurance, Occurrence and Settlements
A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims
In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO. . .
New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation
The court’s August 18, 2018 decision dealt with four Midland excess policies issued to American Smelting and Refining Company (ASARCO).
Complex Insurance Coverage Reporter – July 2018
The ALI Restatement – What Lies Ahead? and Top Developments
Top Developments – July 2018
Top Developments in Allocation, Bad Faith, Defense Counsel Malpractice Claims, Occurrence and Primary/Excess Insurance
Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case
On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018).
Complex Insurance Coverage Reporter – May 2018
New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims and Top Developments
Top Developments – May 2018
Top Developments in Additional Insurance, Allocation, Asbestos, Bad Faith, Estoppel, Insurance Adjusters, Number of Occurrences and Late Notice