Uninsured Motorist Select/Reject May Not Require Picking a Specific Lesser Amount
Written by: Bryan Forsyth, Esq. In Jones v. Georgia Farm Bureau Mut. Ins. Co.1, the Georgia Court of Appeals recently affirmed partial summary judgment in favor of Georgia Farm Bureau Mutual Insurance Company (GFB) as to the amount of Uninsured
Court Rejects Insurance Carrier’s Broad Interpretation of Exclusion of Specific Antitrust Matters
Written by: Nneka A. Egwuatu Anunobi, Esq. The U.S. District Court for the Northern District of California recently rejected an attempt by Everest National Insurance Company to deny coverage for antitrust lawsuits involving Foster Farms, LLC’s
New Jersey Appellate Division Declines to Extend Scope of TNCSRA to Cover Food Delivery Services
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 d
Important Ruling on Assault & Battery Exclusions
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 pla
A Recap on the Modern Trend to Impose Duty of Good Faith upon Primary Insurers
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 jurisdiction
Are Individual Insurance Adjusters Liable for Unreasonable Delay or Denial of Claims under Colorado Law?
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 f
The Brave New World of New York Insurance Disclosure
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
Duty to or Not to Defend? That is The Question. Recent Application of the ‘Eight-Corners Rule’ Under Texas Law in Finding Insurer Had Duty to Defend
Written by: Timothy A. Bishop, Esq. In Siplast, Inc. v. Emps. Mut. Cas. Co., 23 F.4th 486 (5th Cir. 2022), the Fifth Circuit Court of Appeals, construing Texas law, applied the “eight-corners rule” in finding that the insurer had a d
Bad Faith Claims arising under claims for UM/UIM benefits permitted under New Jersey Insurance Fair Conduct Act
Written by: Kelly P. Corrubia, Esq. On January 18, 2022, Governor Murphy signed Senate Bill 1559, the “New Jersey Insurance Fair Conduct Act” (“NJIFCA”). The NJIFCA creates an individual cause of action for bad faith arising from a c
S(l)imms Pickens for UM Coverage in South Carolina When At-Fault Driver is Excluded from Insured’s Policy
Written by: Alan R. Belcher, Jr., Esq. USAA v. Pickens, __ S.C. ____, 2021 (Filed August 11, 2021.) In this appeal, the Supreme Court of South Carolina was asked to address the applicability of mandatory uninsured motorist coverage (UM) under a