Some commentators are suggesting that the Florida Supreme Court’s ruling yesterday in Sebo v. American Home Assurance Co. was an important “win” for policyholders. On some levels that is true, but the victory may prove fleeting. The Florida high court… Continue Reading →
In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim resulted in a finding of bad faith… Continue Reading →
Tressler LLP is pleased to present the updated 50 State Survey on “Methods of Calculating Actual Cash Value of a Claim,” published by Todd Schenk, Todd Rowe and Aon Hussain. Many property insurance policies provide for payment of a claim… Continue Reading →
In Old Second Nat’l Bank v. Indiana Ins Co., 2015 IL App (1st) 140265 (Ill. App. Ct. 1st Dist. 2015), the Illinois Appellate Court for the First District upheld summary judgment in favor of a mortgage holder, finding a standard… Continue Reading →
By way of its declaratory judgment complaint filed in Great American Ins. Co. v. GRM Management, LLC, 2014 U.S. Dist. LEXIS 164147 (E.D. Vir. Nov. 24, 2014), Great American sought a declaration that no coverage was owed to its insureds… Continue Reading →
In Wright v. Grange Mut. Cas. Co., No. 3:13-CV-00747, 2015 U.S. Dist. LEXIS 35733 (W.D. Ky. March 23, 2015), the insured owned a U.S. Tobacco Outlet convenience store in Kentucky that sold tobacco products and accessories. On July 2, 2011,… Continue Reading →
In MKB Constructors v. Am. Zurich Ins. Co., No. C13-0611, 2014 U.S. Dist. LEXIS 78883 (W.D. Wash. May 27, 2014), the District Court followed federal law, rather than Washington state court precedent, to find the insurance company had established that… Continue Reading →
In National Union Fire Insurance Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 114 A.D.3d 595, 981 N.Y.S.2d 68 (N.Y. App. Div. 1st Dep’t Feb. 25, 2014), the Appellate Division in Manhattan upheld the lower court’s rejection of the… Continue Reading →
The Florida Second District Court of Appeal recently concluded that an insurer’s failure to bring a policy provision to its insured’s attention waived the insurer’s right to rely on that provision. In Axis Surplus Insurance Company v. Caribbean Beach Club… Continue Reading →
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