A home warranty contract is an insurance contract. That’s the conclusion of the Oklahoma Supreme Court in a case in which the plaintiffs challenged a mandatory arbitration provision in a home warranty contract, maintaining such provisions are not legal under …
Minnesota’s high court has declined to expand the state’s doctrine of implied primary assumption of risk to recreational skiing and snowboarding. The Minnesota Supreme Court came to that conclusion in Soderberg v. Anderson, published Jan. 23, 2019. The case involves …
The Ohio Supreme Court in early October ruled that a general contractor’s commercial general liability policy (CGL) does not cover the faulty work of a subcontractor. In its consideration of Ohio N. Univ. v. Charles Constr. Servs., Inc., the court …
In late June, the Louisiana Supreme Court ruled against an insurer and its insureds seeking summary judgement dismissing complaints against them in a case involving auto insurance claims. At issue was whether or not the defendants were parties to an …
Legislation backed by the insurance industry and some Texas business groups that curtails the ability of policyholders to sue insurance companies over property claims following extreme weather events has passed the state Senate and is headed for the governor’s desk. …
A Texas insurance company has filed to offer an optional endorsement to its homowners insurance policy that would require mandatory arbitration in claims disputes in exchange for a premium discount, and the head of the Office of the Texas Public …
Oklahoma’s workers’ compensation system took a hit on March 1, 2016, when the state’s Supreme Court ruled as unconstitutional the provision in the 2013 Oklahoma Workers’ Compensation Act that prohibits workers’ comp claims from workers who have been employed less …
The Oklahoma Workers’ Compensation Commission has determined that the opt-out portion of the state’s 2013 workers’ compensation statute is unconstitutional. Ruling on an appeal under the provisions of the Oklahoma Employee Injury Benefit Act, or Opt-Out Act, the three judge …
An insurer can’t depreciate labor in calculating the actual cash value (ACV) of an insured property in the event of a covered loss, Arkansas high court justices have determined. In an opinion delivered on Dec. 10, 2015, the Arkansas Supreme …
The rise of rampant claims litigation against property insurers following hailstorms in Texas has created a “cottage industry” that not only threatens the financial health of the state’s property insurers, but also puts insurance consumers at risk, says a Dallas-based …