In Porter v. State Farm Fire & Casualty Co., the District Court for the Western District of New York addressed a case in which Plaintiff brought suit against her homeowner’s insurer following a fire that destroyed the insured property. Plaintiff sought coverage under the policy for replacement cost, rental income, personal property coverage and debris… Read More

In Diaz v. Chrys S. Norwood Family, LP, the New Jersey Appellate Division affirmed the trial court’s grant of summary judgment to an insurer in a personal injury suit that included a declaratory judgment cross-claim by one of the defendants for insurance coverage. In this case, the Plaintiff was an employee of a tenant who… Read More

The Pennsylvania Supreme Court granted certiorari in Wintersteen v. Truck Insurance Exchange to examine the appellate court’s holding that general contractor overhead and profit (“GCOP”) was not required to be factored into two homeowners’ actual cash value payments from their insurer for property damage. The appellate court reversed the trial court’s holding that GCOP was… Read More

In CMS Investment Ventures, Inc. et al. v American European Insurance Company et al., the New Jersey Appellate Division examined a trial court’s granting of declaratory judgment in favor of an insured. The insured landlord filed a claim for defense and indemnification after a tenant who was sexually assaulted in her apartment filed suit under… Read More

In Haines v. Taft, the New Jersey Supreme Court considered whether injured motorists who chose the $15,000 insurance minimum for PIP benefits can seek admission of evidence regarding medical expenses in excess of the minimum amount. The Court examined whether the New Jersey Legislature intended to deviate from its highly regulated no-fault system of first-party… Read More

In Grey Oaks Country Club v. Zurich American Insurance Company, the District Court for the Middle District of Florida examined whether a policyholder could sustain a cause of action for bad faith against an insurer simultaneously with a coverage action. Relying on well-settled Florida case law, the court held that plaintiff’s bad faith claim was… Read More

In Thomas v. Allstate New Jersey Insurance Company, the New Jersey Superior Court, Appellate Division, considered a coverage dispute between the insurer and a person living at the insured property for loss of personal property. Plaintiff was not a named insured under the policy and was not a relative of the named insured. The court… Read More

In Ace American Insurance Company v. Penn National Insurance Company, the New Jersey Superior Court, Bergen County, considered a coverage dispute between two insurers providing insurance to a mutual insured for reimbursement of defense and indemnification costs associated with the settlement of a suit against the insured general contractor. The court held that the suit… Read More

In First Specialty Insurance Corp. v. Hudson Palmer Homes, Inc., the district court for the Eastern District of Pennsylvania considered a declaratory judgment action brought by an insurer to determine the scope of its duty to defend and indemnify the insured, a home builder, in connection with ten construction defect lawsuits brought against it. None… Read More

In Salih v. Ohio Security Insurance Co., the New Jersey Superior Court, Appellate Division, considered a coverage dispute between a landlord and its insurer involving a demand from the landlord for additional coverage under the lost business income provision of the policy for property damage caused by a sewage backup. The court affirmed the trial… Read More