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By Walt Green
Effective May 25, 2018, the enforcement provisions of the European Union's General Data Protection Regulation (GDPR) take effect.
By George B. Hall, Jr.
A jury in Tarrant County state court set aside an appraisal award and found a homeowners' insurer to be in breach of its insurance policy and in bad faith, even though the insurer promptly paid ...
By George B. Hall, Jr.
A federal judge in Texas found that an insured had not proven a tort independent of a claim underpayment which would entitle it to a finding of bad faith against the insurer.
By George B. Hall, Jr.
A federal court in South Carolina recently held one insurer cannot compel another insurer to defend a common insured. FCCI Insurance Co. v. Island Pointe, LLC, 2018 WL 1033194 (D. S.C. Feb. 22, 2018).
By George B. Hall, Jr.
A federal district court in South Carolina held that an insurer's less than vigorous participation in mediation did not constitute bad faith.
By George B. Hall, Jr.
A federal district court in North Carolina held that an insured's failure to indemnify a third party does not constitute "property damage," even if that third company was seeking indemnification ...
By George B. Hall, Jr.
A federal court in Mississippi allowed a property insurer's subrogation claim against its insured's subcontractor to proceed based on the Fifth Circuit's approach ...
By George B. Hall, Jr.
A Tennessee appellate court reversed a judgment for an insured where it found that coverage for property damage due to a flood was limited to a sub-limit ...
By George B. Hall, Jr.
A Florida appellate court recently held that it is not unambiguously clear whether a policy provision excluding losses caused by constant or repeated seepage or leakage over a period of 14 or more days ...
By George B. Hall, Jr.
A Louisiana Court of Appeal reversed summary judgment for an insurer which had dismissed the insured's claims for economic damages under a CGL policy where it found those losses resulted ...
By George B. Hall, Jr.
A Florida appellate court recently held that if an insurer fails to establish a sole or efficient proximate cause of loss, and there are no applicable anti-concurrent cause provisions ...
By George B. Hall, Jr.
A Florida appellate court recently found that an insurers' inclusion of a hospital with potential lien rights as a co-payee on a settlement draft did not amount to a counteroffer to claimant's demand ...
By George B. Hall, Jr.
The U.S. Fifth Circuit Court of Appeals upheld the dismissal of a Louisiana-based insured's lawsuit seeking coverage, finding that a New York forum-selection clause ....
By George B. Hall, Jr.
The U.S. Eleventh Circuit Court of Appeals recently held that the undefined term "primary auto policy" is subject to more than one reasonable construction, and is thus ambiguous.
By George B. Hall, Jr.
The North Carolina Supreme Court held that the statute of limitations on an insurer's claim for breach of a subrogation clause of an insurance policy began to run when ...