For questions or more information, please contact Mrs.
The extension of the statute of limitations for sexual assault claims has resulted in more people coming forward, and more tapping their insurance companies for coverage of these claims. While defamation lawsuits relating to allegations of sexual assault are still filed, the look-back windows for time-barred claims have created ambiguous areas of coverage for some insured.
A subcontractor surety sued by a general contractor sought to move the case from Kansas state court to federal court and then transfer it to Washington state. However, the Kansas federal court refused to transfer the case, even though the underlying bonded subcontract called for litigation in Washington. The court noted that the forum selection clause in the subcontract did not apply to the surety, only disputes between the contractor and subcontractor.
The Fifth Circuit Court of Appeals has affirmed a district court's decision in a case involving insurance coverage denial for a fraudulent routing number supplied to Valero Title, Inc., an escrow agent. Defendant-Appellant RLI Insurance Company denied Valero’s proof of loss claim, which the district court deemed covered under the funds transfer fraud endorsement in Valero’s crime protection insurance policy. RLI appealed the judgment, but the appeals court upheld the district court's interpretation of the policy.
David B. Turner Builders LLC and New England Construction LLC, both Mississippi-based companies, have filed a lawsuit against ten lumber manufacturers in the United States for allegedly conspiring to increase lumber prices by over 100% during the COVID-19 pandemic. The plaintiffs claim that the defendants used their dominant position in the industry to fix prices and force indirect purchasers like themselves to pay exorbitant amounts for lumber.
PHI Group, Inc., a company offering helicopter services to customers in the oil and gas, air medical, technical services, and health care industries, has filed a civil action against Zurich American Insurance Company (“Zurich”) in order to recover economic losses caused by the partial interruption of its business during the COVID pandemic. PHI purchased an EDGE commercial property insurance policy from Zurich that included coverage for “direct physical loss of or damage caused by a Covered Cause of Loss” as well as time element and business interruption coverage.
New Orleans Equity L.L.C., the owner and operator of Galatoire’s Restaurant and Galatoire’s 33 Bar & Steak on Bourbon Street, has sued U.S. Specialty Insurance Company (USSIC) for breach of contract after USSIC denied its claim for business interruption losses due to Covid-19 contamination of an insured product by a wait staff member who tested positive for the virus in March 2020.
In this case, the answer is "No." Viking Insurance Co. recently faced a court case where their policy holder failed to list her son, who was of legal driving age, as a driver in her application. However, the court ultimately deemed that uninsured motorist coverage could not be denied simply because of this omission. This decision held despite the fact that the policy stated it could be rescinded if material information in the application was misrepresented.
Thanks to TikTok, car thieves are exploiting a vehicle defect that makes these particular cars comparatively easy to steal with little more than a pin and a USB cable, as reported by the Triple I’s Mark Friedlander.
Property insurers are facing increased water damage claims, which has led to financial strains. In response, insurers have taken various actions such as increasing deductibles. General and products liability insurance rates are expected to rise by 5-10%. Umbrella and excess liability insurance rates will remain volatile.
California is in the midst of a long fight against floods as storms continue to roll in off the Pacific, causing destruction and loss of life. Many towns have issued evacuation orders while highways and schools are closed.
Last year, losses from natural catastrophes covered by insurance totaled around $120 billion, according to Munich Re, the world’s largest reinsurer. This exceeds the five-year average of $97 billion in insured losses and is higher than an initial estimate of $115 billion from Swiss Re.
Global events such as the war in Ukraine, fractured energy markets, 40-year high inflation, interest rate hikes, depleted capital and Hurricane Ian have all contributed to the current reinsurance market being the "hardest property-catastrophe reinsurance market in a generation." According to re/insurance broker Howden, this has led to significant volat
Owners of 2020-2022 Ford Escape, Maverick and Lincoln Corsair vehicles may have their vehicles included in a recall involving 100,000 U.S. vehicles. Both this recall and an expanded recall on 2021 Ford Expedition and Lincoln Navigator SUVs are for under-hood fire risks. Ford Motor Co.
Both Orange Bang and Vital produced drinks branded with the title Bang. Orange Bang sued Vital in 2009 alleging the company’s pre-workout drinks would cause customer confusion with Orange Bang’s BANG drinks. The settlement a year later allowed Vital use of the Bang name limited to “creatine-based” drinks and other beverages only if they were sold via fitness-focused locations like gyms and vitamin stores. In 2015, Vital introduced a new Bang branded product.
Following a sewage backup in their home, the Mastons hired the Servpro firm owned by the Poiriers to clean up the mess. Mrs. Maston subsequently suffered respiratory problems caused by the chemicals the company used in its cleaning process. The Mastons sued the Poirers and won damages of $696,669.48 on their bodily injury claim. This represented the Poirers’ liability to the Mastons except for their attorney’s fees and interest.
The Fifth Circuit Court of Appeals became the first appellate court to rule on the issue of whether COVID-19 qualifies as a natural disaster in regards to the WARN Act. Their answer was no. A group of former oil workers sued their employer for violations of the WARN Act after they were laid off suddenly in March 2020. The employer claimed the WARN Act’s natural-disaster exception applied.
After two years of employment with the US Postal Service’s maintenance department, Marc Allen was diagnosed with plantar fasciitis which caused severe pain in his feet. His doctor recommended “1-hour standing followed by 1 hour of rest; no driving; no cutting grass; and no carrying a vacuum.” A local union representative suggested Allen request a “light duty” assignment, which he did. Because he had been employed less than five years, he had to renew his request periodically.
Over the last two years, 77 federal and 44 state appeals courts have ruled in favor of insurance companies regarding whether COVID-19 caused “tangible property damage.” This month the Lousiana 4th Circuit Court of Appeals issued the first decision in favor of the policyholder. Ironically, the case was also the first U.S. lawsuit filed seeking insurance coverage for a business shut down due to the coronavirus.