New Ninth Circuit Ruling Clarifies Insurance Carrier Obligations for Independent Counsel in Non-Cumis Jurisdictions
On November 25, 2024, the Ninth Circuit Court of Appeals issued its decision in the case of New York Marine and General Insurance Company v. Amber Heard and carriers may need to take a second look at their obligation to pay for Independent (or â
Fourth Circuit Reiterates South Carolina’s High Standard for Insurers’ Reservations of Rights
In a decision issued on December 13, 2022, the Fourth Circuit Court of Appeals affirmed the district court’s ruling that two insurers insufficiently reserved their rights under general liability policies issued to their insureds for claims ari
South Carolina Court of Appeals Gives Insurance Company a Reprieve when Complying with a Time-Demand
Recently, the South Carolina Court of Appeals’ enforcement of a settlement resulted in favor of an insurer in the case styled O’Conner v. Collier. The court enforced a settlement where the claimant argued that the insurer had not properly co
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