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Posts in Insurance Coverage.
June 2022 Insurance Update: Recent Case Law Finding CGL Exclusions Apply to Biometric Information Privacy Claims

The Northern District of Illinois has issued several recent opinions addressing coverage disputes under commercial general liability (“CGL”) policies involving claims based on alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”). This month’s ...

May 2022 Insurance Update: New Insurance-Related Disclosure Requirements in NY and Recent Decisions in NJ & PA on Inflation-Based Premium Adjustment and Voluntary Payment Issues

In recent months, New York has engaged in a flurry of lawmaking regarding civil defendants’ obligations to make insurance-related disclosures. This month’s Insurance Coverage Update examines the major provisions associated with this legal change. This post also addresses new case ...

February 2022 Insurance Update

This month, our Insurance Update highlights pivotal provisions of the newly installed New Jersey Insurance Fair Conduct Act and looks at issues to consider as the statute moves forward as part of New Jersey’s bad faith law. This post also summarizes New York and Pennsylvania decisions ...

January 2022 Insurance Update: Reviewing End-of-2021 Decisions Dismissing Policyholder Coverage Suits for COVID-19 Losses

In this post, we summarize three end-of-2021 decisions that dismissed coverage suits by policyholders seeking business income, extra expense and civil authority coverage for COVID-19 losses. As the Southern District of New York recognized in the case that is the subject of our first ...

Covered in this post:

  • District Court Finds Bad Faith Claim Devoid of Merit
  • New Jersey Appellate Division Refuses to Reform Policy Limits When Insured Failed to Inspect Declaration Page
  • Court Affirms that New York Does Not Recognize an Independent Tort For The Bad Faith Denial of Coverage

NEW ...

Covered in this post: 

  • New Jersey Appellate Division Rejects Bad Faith Claim When Insurer Settles Less Than All Underlying Claims for Policy Limit
  • New Jersey District Court Rejects Policyholder's Attempt to Amend Complaint to Add Bad Faith Claim
  • New Jersey Appellate Division Allows ...

Covered in this post: 

  • New Jersey Supreme Court Holds Doctrine of Res Judicata Bars Plaintiff's Subsequent Claim for Bad Faith
  • Supreme Court Finds No Bad Faith When Relying Upon Unpublished Appellate Division Decision and Plain Reading of Policy Language
  • Federal Court Remands Insurance ...

Covered in this post:

  • District Court Denies Motion to Dismiss Insurer's Declaratory Judgment Action
  • Bad Faith Component of Suit Severed from Underlying Coverage Dispute
  • Court of Appeals Declines to Interpret Exception to Exclusion as Providing Coverage Under Homeowner's Policy for Loss ...

Covered in this post: 

  • Court Grants Summary Judgment in Favor of Insurer Based on Policyholder's Unexcused Delay in Providing Notice
  • New York Trial Court Finds Coverage But Denies Bids for Attorney's Fees and Finding of Insurer Bad Faith
  • District Court Finds No Bad Faith Where Question of ...

Covered in this post:

  • Appellate Division Finds Two of Four Named Insured Endorsements Obviate Coverage
  • Appellate Division Finds No Coverage under Fungus Exclusions
  • Appellate Division Remands to Allow Participation of Necessary Party in Subrogation Dispute

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