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Duane Morris Insurance Law Blog

Articles: 1-10 of 58

Coverage Denied in NJ Environmental Suit Based on Policy’s Pending Litigation Exclusion

USA - March 6 2023 The New Jersey Appellate Division ruled that an insurer is not obligated to indemnify an insured for Natural Resources damages that it may pay in the…

California Court of Appeal Disposes of Coverage Dispute After Discovery Reveals Cause of Business Income Losses

USA - February 27 2023 Late last week, the California Court of Appeal issued another COVID-19 business interruption decision reminding us that creative arguments do not win…

Mistakes Do Not Prove Malice: Federal Court in Dallas Enters Summary Judgment on Policyholder’s Bad Faith Claim

USA - February 21 2023 Alleging an insurer was “dilatory, deficient, and pre-textual” in its handling of a claim is not enough to state a claim for bad faith, explained the…

ACCs and EPC: Ninth Circuit Certifies Question of Whether Policy Provision Can Circumvent Efficient Proximate Cause Doctrine

USA - February 16 2023 Earlier this month, the United States Court of Appeals for the Ninth Circuit certified the following questions to the Montana Supreme Court: “Whether…

Jim Dobbas to the Rescue

USA - February 8 2023 The Ninth Circuit has held that the California rule permitting insurers to intervene to defend suspended corporate insureds also applies under…

Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands

USA - December 27 2022 Certain time-limited settlement demands delivered on or after January 1, 2023 will be subject to additional restrictions as California Code of Civil…

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…