The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under a homeowner’s insurance policy as long as the smell distinctly and demonstrably changed the condition of the property. The decision represents an important …
The Ohio Supreme Court recently issued a significant decision affecting insurance coverage for employer intentional torts. In Ohio, as in other states, workplace injuries are generally covered by the workers’ compensation system. Intentional injuries, however, are considered to occur outside …
A recent case from the Eleventh Circuit Court of Appeals weighed the application of a statutory presumption to an insurance policy. In Travelers Prop. Cas. Co. of Am. v. Moore, No. 13-14413 (11th Cir. Aug. 14, 2014), 2014 U.S. App. …
The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …
Two recent decisions have clarified the applicability and limitations of coverage available from state insurance guaranty funds. Guaranty funds are designed to protect insureds when an insurer becomes insolvent and is unable to pay claims, but the obligations of guaranty …
The New York Court of Appeals has reaffirmed the importance of the insurer’s duty to defend its insureds, holding that when an insurer breaches its duty to defend, it may not rely on exclusions in the policy to avoid coverage …
This is part two of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Read Part 1. Alaska imposes a broad duty on insurers to provide independent counsel for the insured …
A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …
Two recent circuit court decisions affirmed that national flood insurance policies are to be strictly construed and are not subject to the flexible standards applied to private insurance policies. The National Flood Insurance Program (NFIP) was created because the private …
The Georgia Supreme Court recently faced the question of whether an insured could be compensated by its insurer for both the cost of repair and the diminution in value of damaged real property. The issue was one of first impression …