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Publications
The Supreme Court of Pennsylvania Rules That COVID-19 Closure Claims Are Not Covered in Pennsylvania, Absent Physical Damage to Property
Earlier today, the Supreme Court of Pennsylvania handed down its heavily anticipated decisions in Ungarean v. CNA and Valley Forge Insurance Company and MacMiles, LLC v.
Legal Update for Insurance Services, September 26, 2024, has been prepared for our readers by Marshall Dennehey.
Third Circuit Upholds Household Vehicle Exclusion for Uninsured Dirt Bike, Overturning District Court Ruling
The Gallagher decision initially led to widespread uncertainty and confusion.
Legal Update for Insurance Services
Third Circuit Declines to Extend Gallagher and Upholds Regular Use Exclusions
The Third Circuit has issued a non-precedential opinion upholding regular use exclusions in the face of argument that such exclusions violate Section 1738 of the Motor Vehicle Financial Responsibility Law (MVFRL).
Legal Update for Insurance Services
Pennsylvania Supreme Court Holds that Trial Courts May Award Treble Damages Without Regard to a Punitive Damages Award on Related Common-Law Claims
Following a jury trial, the plaintiffs were awarded punitive damages against their life insurance company, the defendant Ameriprise Financial, on common-law claims of negligent and fraudulent misrepresentation.
Legal Update for Insurance Services, June 6, 2024, has been prepared for our readers by Marshall Dennehey.
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agr
Legal Update for Insurance Services
Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain
The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such, applies retroactively
Legal Update for Insurance Services
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal.
Legal Update for Insurance Services
Pennsylvania Supreme Court Confirms the Validity of ‘Regular Use Exclusions’
Following the Pennsylvania Superior Court determination that “regular use exclusions” in UM/UIM policies violated the Motor Vehicle Financial Responsibility Law (MVFRL) in 2021, and in light of the post-Gallagher decisions, most were expe
Legal Update for Insurance Services
Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply retroa
Legal Update for Insurance Services, January 8, 2024, has been prepared for our readers by Marshall Dennehey.
Policies Alone Fall Short: Establishing a Standard of Care and Duty Requires More Than Internal Procedures
A recent decision by the Florida Fifth Circuit Court of Appeal confirmed the application of rarely considered case law that analyzes the application of a company’s internal policies and procedures to the standard of care in its industry.