Historical Lit Watch
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Policyholder Win Highlights Key Issues to Maximize Coverage for False Claims Act Settlements
October 21, 2021 | Historical Lit Watch
The good news is that companies incurring legal fees defending against government investigations or negotiating settlements with regulators to resolve FCA claims may be able to look to D&O coverage to mitigate those losses.
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Does Auto Policy Cover STD Contracted During Car Sex?
October 18, 2021 | Historical Lit Watch
The Missouri woman sued Geico claiming that she contracted a sexually transmitted disease from the car owner after the two had sex inside a car covered by the insurer.
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Refusal to Dismiss Band's Claim has Lloyd's Banging their Heads against the Wall
October 08, 2021 | Historical Lit Watch
"Exit light, courtroom fight, take the stand, Lloyds pay this band," as Metallica's COVID-19 lawsuit is allowed to proceed.
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Superior Court: Nurse Seeking Damages for Vaccine-Related Injuries Must First Exhaust Remedies under Vaccine Act
September 30, 2021 | Historical Lit Watch
The Pennsylvania Superior Court remanded and instructed a lower court to dismiss a nursing manager's medical malpractice complaint after she sought damages for vaccine-related injuries without first exhausting available remedies under a national program.
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Hotel's Business Interruption Suit Can Continue
September 24, 2021 | Historical Lit Watch
A Connecticut court has refused to dismiss a COVID-19 business interruption suit stating that a hotel chain seeking coverage for a property in Louisiana had adequately alleged physical loss or damage.
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Court Refuses to Dismiss Business Interruption Suit
August 30, 2021 | Historical Lit Watch
A court has refused to dismiss a COVID-19 business interruption insurance coverage lawsuit stating that the plaintiffs had alleged evidence of physical loss or damage, which is covered under the policy.
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'The Morning Show' Sues for Business Interruption Coverage
August 23, 2021 | Historical Lit Watch
Michael Miguel, Principal at McKool Smith and Micah E. Skidmore, partner in Haynes Boone's Insurance Recovery Practice Group, comment on the recent case of first impression filed by the producer of The Morning Show against its insurer, Chubb.
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Despite 'Any Insured' Exclusion, D&O Insurer Exposed As If No Exclusion at All
August 13, 2021 | Historical Lit Watch
Insurers and underwriters should be wary of general severability clauses that could potentially strip any meaning from an exclusion that would otherwise serve to exclude coverage for all insureds.
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Condo Association Gets 15 Percent of Inspection Estimate after Hurricane
July 30, 2021 | Historical Lit Watch
The Eleventh Circuit has found that the lower court did not err in finding coverage for damages that a condominium complex suffered as a result of Hurricane Irma, nor did the court err in only awarding a fraction of the amount sought by the Condominium Association.
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Man Gored by Bull While On the Job Won't Receive Coverage
July 21, 2021 | Historical Lit Watch
CW: Attempted Suicide. The Wisconsin Supreme Court found that a man who was gored by a bull while working in his employer's livestock yard will not receive coverage.
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Policyholder Wins Due to New York's Broad Defense Obligation
July 13, 2021 | Historical Lit Watch
Found in favor of a policyholder in a case that reaffirms an insurer's broad defense obligation, holding that an insurer could not evade coverage on the grounds that the insureds were not acting in an insured capacity.
