Ninth Circuit Finds Bad Faith in Insurer’s Refusal to Defend Mixed Allegations | Nossaman LLP
A panel of the Ninth Circuit held, in an unpublished opinion, that Allied World Specialty Insurance Company (Allied) must defend…
Tag: Circuit
Ninth Circuit dismantles California law protecting insurance risk pools
But even that provision did not survive. Under California’s severability framework, a remaining provision must be grammatically, functionally, and volitionally…
Ninth Circuit slams Allied World for refusing to defend harassment claims
At the heart of the dispute is a tension baked into the policy itself. On one hand, the policy explicitly…
Second Circuit blocks insurers from recovering $7 billion in frozen Afghan bank assets
Judge Menashi dissented separately, agreeing that the president’s recognition of Afghanistan as a state should stand but arguing the bank…
Ninth Circuit Recognizes the Potential for Coverage in Employee’s Suit Alleging Chemical Exposure | Nossaman LLP
The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a…
Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to Enforce IDR Awards | Troutman Pepper Locke
On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place…
A Tale of Two Timelines – Eleventh Circuit Rejects Claimant’s Attempt to Rewrite Occurrence Notice Condition | Robinson & Cole LLP
Occurrence-based liability policies often include a condition that requires the insured, or someone on their behalf, to provide a carrier…
Fifth Circuit revives coverage, rejects Occidental homeowners’ drug exclusion
The case stems from a July 2019 incident at the Houston-area home of Ryan Zinkweg, whose parents were insured by Occidental…
Fifth Circuit blocks arbitration in Louisiana surplus lines insurance disputes
The court’s analysis turns on policy text and Louisiana law. The Contract Allocation Endorsement – treating the policy as “a…
Eleventh Circuit forces Medmarc to defend Fellows LaBriola in malpractice clash
According to the malpractice complaint, the law firm and Kushner were retained to defend Patel, PNP Amusement Games, and others…