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Tennessee district court orders discovery of reinsurance agreements, but denies discovery of reinsurance-related communications, other similar claims files, claims-handling and underwriting manuals and establishment of reserves
  • Carlton Fields
  • USA
  • November 3 2016

Plaintiffs sought coverage from the insurer Defendants for a $212.5 million dollar settlement of a claim of violation of the False Claims Act

Insurer properly calculated roof damage loss
  • Jorden Burt LLP
  • USA
  • March 30 2011

In O'Neal v State Farm Fire & Casualty, the Eighth Circuit Court of Appeals affirmed the District Court's dismissal of a putative class action by homeowners claiming that their insurer improperly calculated repair costs due to them

Title insurance cases (04102013)
  • Carlton Fields
  • USA
  • October 4 2013

Exclusion 3: court's invalidation of insured condominium declaration based on violation of condo act and improper voting procedures does not

New York court: all Sandy losses, including “downstream” financial ones, capped by annual aggregate limit for flood
  • Cozen O'Connor
  • USA
  • July 2 2014

Superstorm Sandy jurisprudence is starting to shed light on some unresolved issues in the effected states. In El-Ad 250 West LLC v. Zurich American

PHH v. Consumer Financial Protection Bureau: What it Means for Current and Future CFPB Enforcement
  • Jones Day
  • USA
  • October 21 2016

On October 11, 2016, the United States Court of Appeals for the District of Columbia issued its long-awaited decision in PHH Corporation, et al. V

New York holds water which backs up is covered if it originated on the insured premises
  • Cozen O'Connor
  • USA
  • May 23 2014

Last week, in Pichel v. Dryden Mutual Ins. Co., N.Y.S. 2d , 2014 WL 1923736 (May 15, 2014), an intermediate level appellate panel in New York brought

How to make rain disappear
  • Bullivant Houser Bailey PC
  • USA
  • May 24 2013

As I tried to avoid another puddle this morning on my walk to the office I wondered whether I was stepping over rain water or surface water. Later

D.C. Circuit Holds CFPB ‘Unconstitutionally Structured' and Overturns PHH Penalty
  • Baker & Hostetler LLP
  • USA
  • October 20 2016

Last week, the U.S. Court of Appeals for the D.C. Circuit issued its much-anticipated decision in PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir., Oct. 11

Florida Supreme Court Rules Incorrect Denial of Insurance Benefits Can Trigger Award of Attorneys’ Fees to Insured
  • Wilson Elser
  • USA
  • October 26 2016

On September 29, 2016, the Florida Supreme Court held, in Johnson v. Omega Insurance Company (No. SC14-2124), that a homeowner is entitled to an award

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense
  • Cozen O'Connor
  • USA
  • October 4 2016

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016