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Articles: 1-10 of 52

A Split Usage Based Auto Insurance Model for Owners of Level Four Autonomous Vehicles?

USA - June 16 2022 On June 15, 2022, the National Highway Traffic Safety Administration (NHTSA) released its initial summary reporting on autonomous vehicle crashes…

Lead Paint Coverage Claim Bites the Dust

USA - April 29 2022 The underlying case (the “Santa Clara Action”) began in 2000 when Santa Clara County, later joined by other California government agencies filed a…

Coverage Was Not In the Cards for Circus Circus Casino, Holds Ninth Circuit

USA - April 16 2022 Yesterday, the United States Court of Appeals for the Ninth Circuit issued a succinct but well-reasoned decision that there was no coverage for a Las…

Ninth Circuit Applies Nevada Law and Finds No Coverage for COVID-19 Business Interruption Loss

USA - March 23 2022 Late last week, the United States Court of Appeals for the Ninth Circuit ruled there was no coverage for the policyholder’s COVID-19-related business…

Texas Law Allows Courts to Look Beyond Eight-Corners Analysis, Consider Extrinsic Evidence, in Certain Circumstances

USA - February 17 2022 In a significant ruling issued less than one week ago, the Supreme Court of Texas adopted a modified form of the “Northfield exception” to the…

Chubb Unit Has No Defense Obligation for $8.5 Million Suit, Contract Exclusion in D&O Policy Precludes Coverage

USA - February 8 2022 On January 28, a California federal judge issued a summary judgment ruling that Federal Insurance Company (a Chubb unit) has no duty to defend…

Nevada Supreme Court: Insured has Burden to Prove Exception to Exclusion and May Use Extrinsic Evidence in Doing So; Clarifies that Insurer Cannot Use Extrinsic Evidence to Deny Duty to Defend

USA - December 31 2021 The Nevada Supreme Court answered two certified questions from the Ninth Circuit: (1) Under Nevada law, does the insured or the insurer…

Yet Another Win for Insurers on COVID-19 Business Interruption Claims: The Inns by the Sea California Court of Appeal Decision

USA - November 19 2021 The first California state appellate decision on COVID-19 Business Interruption coverage is now in the books, and it’s one more victory for insurers…

California Raises the Price of Survival Actions - Will Allow Recovery of Decedent’s Pain, Suffering, or Disfigurement

USA - November 1 2021 Long-standing California law explicitly precluded recovery of damages for a decedent’s pain, suffering, or disfigurement in a survival action (i.e. A…

Carriers Enjoy Unanimous Success in Recent Wave of COVID-19 Business Interruption Decisions in Federal Appeals

USA - October 20 2021 It has been a busy year and a half since the earliest COVID-19-related Business Interruption lawsuits were filed, and we are now seeing real…