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Written by: Kelly P. Corrubia, Esq. A panel of the New Jersey Appellate Division in a case of first impression held that the Transportation Network Safety and Regulatory Act (TNCSRA)1 applies only to transportation network companies that use a digital network to connect a rider to a prearranged ride, such as Uber or Lyft, and that the scope does not include app-based food delivery services, such as Uber Eats. Background In

Written by: Duane L. Cochenour, Esq. Judge Kevin B. Weiss of the Circuit Court for Orange County, Florida, issued a potentially important ruling regarding assault and battery exclusions. An appeal is sure to follow, but the court granted the plaintiff’s rather novel argument that mental anguish damages (and a $25M Judgement for them) are not excluded by the assault and battery exclusion in this case. Background The underlying case involved a

Written by: Cayton S. Chrisman, Esq. The insurance industry has long been undecided as to whether primary insurers owe a duty of good faith to excess insurers, and, if such a duty does exist, when that duty arises. On one hand, some jurisdictions have determined that there is no affirmative or direct duty of a primary insurer to an excess insurer but that such a duty may arise as

Written by: Nolan Hendricks On September 7, the Supreme Court of Ohio held that an insurance company, Acuity, owed no duty to defend its insured, Masters Pharmaceutical, in a series of lawsuits brought by cities and counties in West Virginia, Michigan, and Nevada. The general thread of claims in these suits is that Masters' conduct contributed to the opioid epidemic that continues to plague communities, resulting in the governments’ suffering

Written by: Karl Braun In January, 2021, District Judge, Aleta Trauger, issued a comprehensive and well-reasoned memorandum and order in the case of For Senior Help v. Westchester Fire Insurance Company, 515 F. Supp. 3d 787 (M.D. Tenn. 2021). In her lengthy analysis, Judge Trauger skillfully navigated a complex landscape of coverage issues under Tennessee law. For coverage practitioners in Tennessee it is a “must read” in terms of

Written by: C. Peter Bolvig On July 6, 2022, the Supreme Judicial Court of Massachusetts held that an award of attorney fees pursuant to a fee shifting provision in a Mass. consumer-protection statute was not covered by a commercial liability policy. Vermont Mutual Insurance Co. v Poirier, 189 N.E. 3d 306 (2022). The coverage action arose out of a lawsuit against the named insured (a remediation contractor) resulting from its

Written by: Thomas Barrow, Esq. On April 13th the South Carolina Supreme Court elected to adopt the majority rule of the “post loss exception”. This exception dictates an assignment of policy rights executed after a loss already occurred does not require the insurer’s authorization despite that insurer’s consent being expressly required under the terms of the policy. In PCS Nitrogen, Inc. v. Cont'l Cas. Co., the court considered a collection

Written by: Ryland Avery, Esq. In McNamara v. Gov't Emps. Ins. Co., 30 F.4th 1055 (11th Cir. 2022), the 11th Circuit found that a final judgment that exceeds all available insurance coverage—regardless of whether it results from a consensual settlement or a verdict—constitutes an “excess judgment” that can satisfy the causation element of a bad-faith claim against an insurer under Florida law. In McNamara, the insured allowed his friend to

Written by: Melissa A. Ogburn, Esq. On March 14, 2022, the Colorado Supreme Court issued its ruling in Skillett v. Allstate Fire and Casualty Insurance Co., infra, definitively deciding whether insurance adjusters themselves can be held liable for unreasonably delaying or denying benefits under a policy of insurance pursuant to C.R.S. §§ 10-3-1115 and -1116.  Colorado has historically recognized bad faith claims against insurance providers under the common law. 

Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. New York's governor closed 2021 by signing into the law the Comprehensive Insurance Disclosure Act (CIDA), which placed onerous new insurance disclosure requirements on defendants. The most onerous provisions of CIDA were struck when the law was amended on February 24, 2022. Given this rapidly shifting landscape, we summarize and propose several strategies to successfully manage the brave