The Initial Impact of Moody? More Confusion.
Until recently, Oregon courts did not allow policyholders to bring claims against their insurers under Oregon’s Unfair Claims Settlement Practices Act and only allowed tort-based “bad faith” claims in narrow circumstances. This left Oregon policyholders seeking recovery from their insurers with only contract-based claims and remedies. But the Oregon Supreme Court’s decision in Moody v. Oregon Community Credit Union, 371
Washington Supreme Court Refuses to Narrow Coverage Preserved by a Resulting Loss Clause
The Washington Supreme Court’s March 14, 2024 decision in Gardens Condominium v. Farmers Insurance Exchange1 held that an all-risk policy’s resulting loss clause preserves coverage for non-excluded losses that are the natural consequences of an excluded peril. The Court underscored that its holdings in two prior resulting loss decisions, Vision One2 and Sprague3, do not require an “independent” or intervening
Supreme Judicial Court of Massachusetts holds that term "surface waters" in policy is ambiguous, so does not apply to water on surface of a roof
Sure, Steward Health Care has created a public health care emergency, but at least it has prevailed in an insurance coverage dispute. A storm in June 2020 caused an accumulation of rainwater on a rooftop courtyard and on roofs of Norwood Hospital. The rainwater seeped into the interior of the hospital buildings, causing significant damage.Norwood Hospital’s owner, Medical Properties Trust,
Revising Buy-Sell Arrangements post Connolly vs. United States Decision
Many business owners will need to consider changes to their entity purchase buy-sell arrangements funded with business owned life insurance after a recent U.S> Supreme Court uling. There are several alternative buy-sell arrangements that affected business owners might consider instead of entity purchase agreements: A0Cross-purchase;B) escrowed buy-sell;C) a life insurance LLC;and D) endorsement split dollar. Tax implications can arise when
How Will Proposed Amendments to Illinois’s BIPA Affect the Use of Biometric Data?
How Will Proposed Amendments to Illinois’s BIPA Affect the Use of Biometric Data?
By Alan S Wernick, Esq.
Summary
- The Illinois legislature has passed amendments (SB 2979) to the Biometric Information Privacy Act (“BIPA”) and has sent the legislation to Governor Pritzker for review and approval. If the governor signs it, the BIPA amendments take effect immediately.
- SB 2979’s proposed
Even Whitey Bulger's crimes end in insurance coverage disputes: Town of Braintree sues multiple insurance carriers for coverage for wrongful conviction claim by man framed by Bulger
On May 24, 2024, the Town of Braintree filed a lawsuit in Suffolk County Superior Court against fifteen insurers, as well as insurance companies Does 1 though 50, for refusing to defend and indemnify it in a massive wrongful conviction lawsuit.The Town alleges that the insurers have each either refused to acknowledge or outright denied their contractual obligations under liability
Insurance Claims for Damage to Buildings in Massachusetts (my new brochure)
The Safegard University Podcast – Cyber Insurance with Jason Bowie
Brian Courtney does a one-on-one interview with Jason Bowie of Patriot Growth Insurance Services to discuss Cyber Risk Insurance.
