Huiyi Chen | Jenner & Block The use of experts in coverage litigation shares a lot of commonalities with that in other types of litigation, but also has its own unique issues of which practitioners need to be mindful. Unlike most specialized areas of litigation, insurance coverage litigation often encounters the use of experts in… Continue reading Tips On The Use Of Experts In Insurance Coverage Litigation
Tag: Insurance Coverage Litigation
The “Advice of Counsel Defense” in Coverage Cases: You Might Be Waiving More Than You Realize
Eileen GilBride, Patrick Gorman and Donald Myles | Jones, Skelton & Hochuli In United Specialty Ins. Co. v. Dorn Homes Inc.,__ F.R.D. __, 2020 WL 443872,(D. Ariz. Jan. 28, 2020), the United States District Court, District of Arizona, analyzed whether the insurer’s assertion of the advice of counsel defense operates to waive the work-product defense for… Continue reading The “Advice of Counsel Defense” in Coverage Cases: You Might Be Waiving More Than You Realize
Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage
Kelly N. Hallisey | Phelps Dunbar A Florida appellate court held that under a named perils policy, an insurer need not plead a policy exclusion as an affirmative defense in order to present evidence that an insured’s damage was the result of a non-covered cause of loss. Citizen’s Prop. Ins. Corp. v. Kings Creek South Condo,… Continue reading Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Eric B. Hermanson and Austin D. Moody | White & Williams On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in ISO Form CGL policies. In Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company,[1] the court applied this language to allow denial of defense for claims… Continue reading First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?
Shane Smith | Property Insurance Coverage Law Blog | September 2, 2019 A recent Southern District of Florida decision addressed this issue.1 A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”)… Continue reading Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?