Legal Beat

Insurer’s Refusal to Settle Can Lead to Bad Faith Liability

Did you know that that an insurer can be liable for bad faith failure to settle even if it never receives a firm settlement offer? The Louisiana Supreme Court recently ruled that it can and also that an insurer can …

New York Court: Flood Sub-Limit in Policy Applies to Delay Loss

The New York Supreme Court’s Appellate Division affirmed that a $5 million flood sub-limit in a builders risk policy that Zurich American Insurance issued to a New York property developer applies to the delay-in-completion losses by the flood peril after …

Corzine, Others Settle MF Global Investor Lawsuit for $64.5M

Jon Corzine and other former MF Global Holdings Ltd officials have reached a $64.5 million settlement of litigation brought by investors seeking to hold them liable for the now-defunct futures brokerage’s 2011 bankruptcy. The preliminary all-cash settlement with Corzine, who …

Amtrak Settles With Primary Insurers in Sandy Lawsuit

Amtrak recently reached a settlement with its primary insurers in a lawsuit in which the railroad operator sought to recoup additional proceeds for Superstorm Sandy losses from its insurers, according to court documents. Terms of the settlement were not disclosed …

Consequences at the Intersection of Insurance and Corporate Law

Nothing is more exciting than reading the latest updates on insurance law, unless, of course, you can get updates on corporate law at the same time. Fortunately, there are two recent Louisiana cases where the outcome of insurance law issues …

Peremption for Me, But Not for Thee

The Difference Between Insurance Agents and the Insurers They Represent Hurricane season 2014 had barely begun when Hurricane Arthur formed and wreaked havoc along the East Coast during the 4th of July weekend. Whether the 2014 hurricane season proves to …

Will Hurricane Katrina Legal Issues Be Resurrected in Sandy Claims?

It has been more than eight years since Hurricane Katrina made landfall on Aug. 29, 2005, and only slightly more than one year since Hurricane Sandy made landfall on or about Oct. 29, 2012. Following Hurricane Katrina, courts in Louisiana …

Deciphering the Texas Supreme Court’s Decision in Lennar v. Markel

When the Texas Supreme Court decides to look at controversial insurance coverage issues, you can assume that their decisions will never be boring. Such was the case in its Aug. 23 decision in Lennar Corp. v. Markel American Insurance Co. …

The Never Ending Snoball Fight

Snowfall in Southern Louisiana is a rarity, but one doozy of a snowball fight has been ongoing since at least 2006 and has resulted in four separate lawsuits, now consolidated in the United States District Court for the Eastern District …

Falling Trees: Act of God or Covered Event?

Another Atlantic hurricane season is nearing its official end on Nov. 30, but the peak activity period of August to October is largely complete. While it has been an active season in terms of named storms, only a few have …

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