Clayton Smith | Taft Stettinius & Hollister In June 2023, the U.S. Circuit Court for the Sixth Circuit declined to resolve a unique PFAS state-law issue in Admiral Insurance Co. v. Fire-Dex LLC when it rejected an insurer’s attempt to avoid coverage for per- and polyfluoroalkyl (PFAS) lawsuits and found that the U.S. District Court properly declined… Continue reading 6th Circuit Declines To Resolve PFAS Coverage Dispute
Month: September 2023
Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Joshua Tumen | Property Insurance Law Observer The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing suit, Hoff… Continue reading Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
The End of Eroding Limits Policies in Nevada is Just the Beginning
Connor L. Kridle and Sarah J. Odia | Payne & Fears On June 3, 2023, Nevada Gov. Joe Lombardo signed into law AB 398 (the Act) which modifies the Nevada insurance code by restricting the types of liability policies that can be offered in the state. The End of Eroding Limits Policies in Nevada First, the Act… Continue reading The End of Eroding Limits Policies in Nevada is Just the Beginning
Hawaii Electric Takes Responsibility for First Fire on Maui, But Faults Firefighters
Ennifer McDermott and Jennifer Sinco Kelleher | Claims Journal Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.… Continue reading Hawaii Electric Takes Responsibility for First Fire on Maui, But Faults Firefighters
Construction Litigation Roundup: “Stop – In the Name of the Law!”
Daniel Lund III | Phelps Dunbar In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel… Continue reading Construction Litigation Roundup: “Stop – In the Name of the Law!”