Phoenix Insurance Law Blog

In a Split Decision, the Colorado Supreme Court Recently Rejected an Actual Prejudice Standard in Determining Whether an Insured Violated the Policy’s Consent No-Voluntary-Payments Clause When it Settled a Claim Without the Insurance Company’s Permission

On Behalf of Steven Plitt, Insurance Expert | Oct 14, 2016 | Injuries, Insurance Law

In Travelers' Property Cas. Co. of America v. Stresscon Corp., 370 P.3d 140 (Colo. 2016), the Colorado Supreme Court held that an insured contractor's settlement for a bodily injury claim that arose on a construction site where the subcontractor was working, without...

The Montana Supreme Court Brings Clarity to the Meaning of “Accident” in a CGL Policy’s Occurrence Definition

On Behalf of Steven Plitt, Insurance Expert | Oct 7, 2016 | Insurance Law

In Employers Mutual Cas. Co. v. Fisher Builders, Inc., 383 Mont. 187, 371 P.3d 375 (2016), the Montana Supreme Court was called upon to interpret the term "accident" in a CGL policy's "occurrence" definition. The Court found that the term "accident" could include...

Ordinance Or Law Coverage Must Pertain To The Claimed Loss For Coverage Attachment

On Behalf of Steven Plitt, Insurance Expert | Sep 30, 2016 | Insurance Law

The New York Court in St. George Tower v. Insurance Co. of Greater New York, 139 A.D.3d 200, 30 N.Y.S.3d 60 (N.Y.A.D. 1st Dept. 2016), was called upon to consider whether an insurance policy's ordinance or law endorsement provided coverage where a water loss claim...

Two Wrongs Don’t Make It Right

On Behalf of Steven Plitt, Insurance Expert | Sep 23, 2016 | Insurance Law

In an interesting case, the New York Appellate Court found that an insured could not sue the insurance broker for delaying in presenting a claim to the insurance company when the insured also delayed submission of the claim to the agent. In Rockland Exposition, Inc....

The Fourth Circuit Court Of Appeals Finds That Late Notice Must Deprive The Insurance Company Of Its Ability To Exercise Its Meaningful Contractual Rights In Order To Establish Prejudice

On Behalf of Steven Plitt, Insurance Expert | Sep 16, 2016 | Insurance Law

The United States Fourth Circuit Court of Appeals, interpreting Maryland law, recently clarified the meaning and scope of "prejudice" under Maryland law. St. Paul Mercury Ins. Co. v. American Bank Holdings, Inc., 819 F.3d 728 (4th Cir. 2016). In this case, the...

Can Speculation Fuel a Defense Obligation Under the Insurance Policy? The Montana Supreme Court Says That it Cannot.

On Behalf of Steven Plitt, Insurance Expert | Sep 9, 2016 | Insurance Law

Recently the Montana Supreme Court held that a duty to defend cannot be based on pure speculation regarding unpleaded claims. In Fire Ins. Exchange v. Weitzel, 2016 MT 113, 371 P.3d 457 (Mont. 2016), the elder abuse complaint framed 19 causes of action all of which...

Robocalls Are Covered By CGL Policy According To Florida Court

On Behalf of Steven Plitt, Insurance Expert | Aug 31, 2016 | Bad Faith, Insurance Law

The Florida Court of Appeals in Old Dominion Ins. Co. v. Stellar Concepts & Design, Inc., 189 So.3d 293 (Fla. App. 2016) held that a CGL policy covered liability for the insured's placing robocalls in violation of state law. The Court found that the policy's...

The California Supreme Court Finds That In Determining Whether A Punitive Damage Award Is Unconstitutionally Excessive, The Court Could Take Into Consideration As The Compensatory Damage Component In An Insurance Bad Faith Case The Award Of Attorney’s Fee

On Behalf of Steven Plitt, Insurance Expert | Aug 26, 2016 | Bad Faith, Insurance Law

In a well-reasoned decision, the California Supreme Court held in Nickerson v. Stonebridge Life Ins. Co., 63 Cal.4th 363, 203 Cal.Rptr.3d 23, 371 P.3d 242, (2016), that a trial court could give consideration to an award of attorney's fees in favor of the insured, in a...

Arizona Court Finds That A Public Works Payment Bond Surety Cannot Be Held Liable For Bad Faith Failure To Investigate Because The Surety’s Duties And Obligations Are Limited To Those Which Are Enumerated In Arizona’s Public Works Bonding Act.

On Behalf of Steven Plitt, Insurance Expert | Aug 19, 2016 | Bad Faith

In S&S Paving and Constr., Inc. v. Berkley Regional Ins. Co., 239 Ariz. 512, 372 P.3d 1036 (Ct. App. 2016) , the Arizona Court of Appeals considered whether a surety could be sued by a subcontractor for bad faith failure to investigate when the surety issued a...

When Things Change, Re-Evaluate

On Behalf of Steven Plitt, Insurance Expert | Aug 12, 2016 | Bad Faith, Insurance Law

In a fact intensive decision, the United States Eighth Circuit Court of Appeals in Bamford, Inc. v. Regent Ins. Co., 822 F.3d 403 (8th Cir. 2016), held that a fact question existed as to the insurance company's failure to settle a claim notwithstanding that the...