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Texas Supreme Court Sides with Insure on Mold-Related Policy Changes

Texas Supreme Court Sides with Insure on Mold-Related Policy Changes
The Texas Supreme Court on April 9 reversed lower court rulings and found that Farmers Insurance was within its rights when it decided 19 years ago not to renew homeowners’ policies that it feared would have forced it to cover mold damage.
The 7-0 decision overturns rulings that required the carrier to renew 400,000 insurance policies that were thought to include coverage for all risks to dwellings, not just named perils. The high court also reversed orders by the 13th Court of Appeals that would have brought a $4 million payday to class-action attorneys who shepherded the case through two decades of litigation, as well as a second group of attorneys who represented plaintiffs in a separate but related class-action lawsuit.

Texas , United-states , Jefferson-county , Justice-jamesd-blacklock , Sandra-geter , Supreme-court , Department-of-insurance , Texas-supreme-court-on , Farmers-insurance , Texas-department-of-insurance , Texas-supreme-court , Justice-james

The Supreme Court of Texas Finds that a Reasonable Payment of an Insurance Claim Does Not Satisfy the Texas Prompt Payment of Claims Act | Cozen O'Connor

In Hinojos v. State Farm Lloyds, the Supreme Court of Texas addressed liability under the Texas Prompt Payment of Claims Act (the “TPPCA”) when an insurer timely pays only part of a...

Texas , United-states , Supreme-court , Court-decision , Farm-lloyds , Texas-prompt-payment , Claims-act , State-farm , டெக்சாஸ் , ஒன்றுபட்டது-மாநிலங்களில் , உச்ச-நீதிமன்றம்

Texas Supreme Ruling Favors Insurers That Changed Policy Forms to Stem Mold Claims

Texas Supreme Ruling Favors Insurers That Changed Policy Forms to Stem Mold Claims
The Texas Supreme Court on Friday reversed lower court rulings and found that Farmers Insurance was within its rights when it decided 19 years ago not to renew homeowners’ policies that it feared would have forced it to cover mold damage.
The 7-0 decision overturns rulings that required the carrier to renew 400,000 insurance policies that were thought to include coverage for all risks to dwellings, not just named perils. The high court also reversed orders by the 13th Court of Appeals that would have brought a $4 million payday to class-action attorneys who shepherded the case through two decades of litigation, as well as a second group of attorneys who represented plaintiffs in a separate but related class-action lawsuit.

Texas , United-states , Jefferson-county , Justice-jamesd-blacklock , Sandra-geter , Supreme-court , Department-of-insurance , Texas-supreme-court-on , Farmers-insurance , Texas-department-of-insurance , Texas-supreme-court , Justice-james

The Complex Insurance Coverage Reporter – 2020 Year in Review | White and Williams LLP

Maryland’s highest court adopts pro rata allocation for asbestos-related bodily injury claims under liability policies. The court began by explaining that injury spanning many years often implicates multiple policies and, therefore, implicates a continuous or injury-in-fact trigger under Maryland law. Adopting the reasoning of
Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., 802 A.2d 1070 (Md. Ct. Spec. App. 2002)
, app. dismissed, 821 A.2d 369 (Md. 2003), it rejected joint and several allocation because of its “poor fit” under the policy language:
[T]he pro rata approach is unmistakably consistent with the language of standard CGL policies. Indeed, “there is no logic to support the notion that one single insurance policy among 20 or 30 years worth of policies could be expected to be held liable for the entire time period.” …Consistent with the policy language limiting coverage to that which occurs “during the policy period,” the timing of the injury dictates both the manner in which the policies are triggered and the portion of damages for which each policy is responsible.

New-york , United-states , Charleston , South-carolina , Louisiana , Georgia , Texas , Utica , Maryland , California , Michigan , Cincinnati

Year in Review: Top Insurance Cases of 2020

Year in Review: Top Insurance Cases of 2020
Thursday, January 28, 2021
Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions.
COVID-19 Business Interruption
Insurance companies’ widespread blanket denials of policyholders’ claims for business interruption due to COVID-19—for companies ranging in size from small mom-and-pop shops to large retailers— prompted a flood of litigation in both state and federal courts. Although 2021 shows promise for gaining control over the disease, the resulting insurance disputes are certain to remain center stage. While insurers may be winning by the numbers, policyholders hold the advantage in the more thoroughly-reasoned decisions. Nonetheless, much still remains to be seen, likely for years to come, as appellate courts consider the trial court rulings. We highlight a few notable COVID-19 decisions from 2020 below.

Delaware , United-states , West-bend , North-carolina , Georgia , Netherlands , Texas , Illinois , California , Virginia , Michigan , Cincinnati

COVID-19: COVID-19 Insurance Coverage Developments The National Landscape and the State of Play in Pennsylvania | K&L Gates LLP

The State of Play In Pennsylvania
According to the UPenn Covid Tracker, approximately 180 COVID-19-related coverage suits have been brought in Pennsylvania courts. As is the case nationally, most of the Pennsylvania cases are pending in federal courts. Also, according to the UPenn Covid Tracker, there have been 12) “merits” decisions by Pennsylvania courts’ rulings on insurer motions to dismiss. Nine of these decisions have been issued by the Eastern District of Pennsylvania, (1) by the Western District of Pennsylvania and (2) by the Court of Common Pleas of Philadelphia County.
Decisions by Pennsylvania State Courts (Pennsylvania Court of Common Pleas)
Ridley Park Fitness v. Philadelphia Indem. Ins. Co.

New-york , United-states , Nevada , North-carolina , Missouri , Texas , Florida , California , Greenwich , United-kingdom , Virginia , Washington

COVID-19 Business Interruption Suits: An Overview Of Decisions To Date | Goodwin

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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S., most states and municipalities have at various points throughout the pandemic issued “shut down” orders to businesses in order to mitigate the spread of the virus. Businesses complied and suffered tremendous losses as a result. As we forecasted, many businesses subsequently filed claims with their commercial liability insurers, typically claiming that their losses are covered under the “business interruption” or the “civil authority” provisions of their policies. Those provisions are generally intended to provide coverage as follows:

New-york , United-states , Oklahoma , New-jersey , North-carolina , Erie , Missouri , Greenwich , Ohio , Sandy-point , Virginia , California