In Pacificare Life and Health Ins. Co. v. Jones, the California Court of Appeal for the Fourth District reversed a trial court decision enjoining three recent regulations enacted by the California Insurance Commissioner with regard to the unfair claims settlement provisions of the state’s Unfair Insurance Practices Act. The first regulation at issue stated that… Read More


In Mt. Hawley Ins. Co. v. Tactic Security Enforcement et al., the United States District Court for the Middle District of Florida examined a claim for the defense and indemnification of two lawsuits against the policyholder security company, alleging inadequate security with regard to shooting incidents at a facility where the policyholder provided services. The… Read More


In Doerfler v. Federal Ins. Co., the Appellate Division of the New Jersey Superior Court examined lawsuits brought by a policyholder against two insurers with regard to the denial of claims for damage to a residence arising from Superstorm Sandy. In each case, the insurer had denied coverage based upon the policy’s surface water exclusion.… Read More


In Berg v. Nationwide Mut. Ins. Co., the Pennsylvania Superior Court examined a lengthy dispute arising from a first-party automobile insurance claim. After an accident, the initial damage estimate determined that the insured vehicle should be declared a total loss. The insurer subsequently concluded that the vehicle was repairable and directed a collision facility to… Read More


In Nationwide Life Ins. Co. v. Thompson, the Superior Court of New Jersey, Appellate Division, considered a dispute over life insurance policy proceeds. The subject policy had been cancelled for non-payment of premium after two notices and the expiration of a sixty-one day grace period. Shortly after receiving notice of the cancellation, the policyholder contacted… Read More


In Kurc v. All Star One, the Appellate Division of the New Jersey Superior Court analyzed a lawsuit arising from an accident at a cheerleading practice. While walking to meet her granddaughter at the end of the practice, the plaintiff stepped on a mat in order to avoid a child sitting on another mat in… Read More


In a recent note, we discussed the New Jersey Legislature’s consideration of the Insurance Fair Conduct Act, which would establish a statutory cause of action for the bad faith handling of insurance claims. On April 12, 2018, the New Jersey Senate approved an amendment of the bill to exclude insurance producers and public entities. The… Read More


In D.G. v. B.E.A., the New Jersey Superior Court, Appellate Division addressed a demand for a homeowners’ liability insurer to provide defense and indemnification of a lawsuit raising allegations of domestic violence. The insurer denied coverage on the grounds that the lawsuit did not raise allegations of an “occurrence” as required by the policy, and… Read More