Consistent with numerous other jurisdictions, the New Jersey Supreme Court has held that insurance anti-assignment clauses do not preclude policyholders from assigning claims after a loss. In Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., the Court examined claims for the defense and indemnification of an environmental liability action. The plaintiff brought a declaratory… Read More

Resolving a split among lower-level appeals courts, the Florida Supreme Court has adopted the concurrent-cause doctrine, ruling that coverage exists under an all-risk property policy when multiple perils combined to create a loss and at least one of the perils is covered by the terms of the policy. Under the facts outlined in Sebo v.… Read More

In HUMC Opco, LLC v. United Benefit Fund, the United States District Court for the District of New Jersey addressed motions to dismiss an ERISA action brought against a health insurer and insurance claims administrators. The action concerned medical bills in excess of $7 million, for medical care provided by a hospital over the course… Read More

The Kings County Supreme Court enforced a 12-month suit limitation clause and dismissed a wind and hailstorm claim involving damage to two apartment complexes in Dallas, Texas. In doing so, the Court enforced well-established New York authority holding that policy provisions that modify the statute of limitations by mandating that suit be brought within 12-months… Read More

The Colorado Supreme Court held that a liability insurer has no obligation to indemnify a policyholder for a settlement made without the insurer’s consent and in violation of the policy’s “no voluntary payments” clause. In so doing, the Court rejected the argument that this clause is only enforceable if its violation resulted in prejudice to… Read More

In Northern Spy Food Co., LLC v. Tower Nat’l Ins. Co., an insured restaurant challenged its insured’s denial of a business interruption/food spoilage claim with regard to a power outage occurring during Superstorm Sandy. In denying the claims, the insurer contended that the policy’s flood exclusion applied, as the power outage was caused by extensive… Read More