Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders
Tag: Insurance Coverage Disputes
Court Denies Stay in Coverage Dispute Arising Out of Clearview Litigation
Hannah Makinde and Kristin Bryan | Squire Patton Boggs The Northern District of Illinois recently declined to stay an action for declaratory relief relating to an insurance coverage dispute arising out of the ongoing Clearview litigation. This was because, the court held, determination of whether an insurance policy applied did not require resolution of facts related… Continue reading Court Denies Stay in Coverage Dispute Arising Out of Clearview Litigation
Privilege and Work Product in Insurance Coverage Disputes
Adam Gajadharsingh | Barnes & Thornburg Disputes over the attorney-client privilege, work product doctrine, and other privileges and protections can affect outcomes in insurance coverage disputes. Anticipating these disputes can help prevent disclosure of an insured’s protected information and also afford an opportunity to apply pressure against an insurer withholding relevant information without a valid… Continue reading Privilege and Work Product in Insurance Coverage Disputes
Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Kean Maynard | The Subrogation Strategist Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S. Dist. LEXIS 163681, the United States District Court for the… Continue reading Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes
Danielle S. Ward | Balestreri Potocki & Holmes The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th… Continue reading Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes