Recently, the Vermont Supreme Court ruled in the case of Huntington Ingalls Industries v. Ace American Insurance Co., that a policyholder could proceed with a business interruption claim that alleges that the COVID-19 virus caused physical damage to property when it...
The sound of settling
Comedian John Oliver aired a segment on his show Last Week Tonight in 2017, about a coal billionaire named Bob Murray.[1] The story portrayed Murray negatively—due to his handling of the 2007 Crandall Canyon Mine Collapse—and included language that is not appropriate...
N.J.: No-fault law does not bar bad-faith claim
Recently, the Superior Court of New Jersey, Appellate Division held in the case of Vera v. State Farm Indem. Co. that New Jersey’s no-fault law does not bar policyholders from pursuing a claim of bad faith against their insurer. How did we get here? The plaintiff and...
N.J. court: Intra-family step-down exclusion in a PAP was unenforceable
The Superior Court of New Jersey, Appellate Division recently ruled in the case of Dela Vega v. Travelers Insurance Co.[1] and St. Paul Protective Insurance Company that an intra-family step-down exclusion in a personal automobile policy was unenforceable. How...
N.Y.: PIA advocacy successful, Hochul signs CIDA chapter amendments
Gov. Kathy Hochul signed S.7882-A last week, which adds chapter amendments to the Comprehensive Insurance Disclosure Act (S.7052/A.8041), and amends the law to remove insurance applications from the list of insurance documents required to be turned over during civil...
N.J.: ‘Bad-faith’ legislation signed into law
Gov. Phil Murphy signed S-1559 into law on Tuesday, which allows consumers to bring “bad-faith” lawsuits against insurers to recover certain damages and expenses. Specifically, the new “bad faith” law—which goes into effect immediately—allows consumers to bring...
Just because you want it, doesn’t make it so: Who is an additional insured?
The law on who can avail themselves to insurance coverage as an additional insured can be problematic. Unlike your standard insurance contract between the insurer and insured, the nature of an additional insured clause often involves third parties seeking defense and...
‘Charmed’ actor wins case against State Farm
Earlier this week, Shannen Doherty—known for her roles in “Charmed,” “Beverly Hills 90210,” and “The Secret of NIMH”—won her court case against State Farm after the insurance company refused to adequately cover damages sustained to her home in California, after a...
PIANY opposes insurance-disclosure bill
New legislation (S.7052) that would require complete disclosure of a defendant’s insurance documents in a personal-injury court case passed the state Senate and state Assembly on the last day of New York’s 2021 legislative session. What the bill would require If it is...
Lawsuit against producer dismissed due to faulty affidavit of merit
Recently, the New Jersey Superior Court ruled in favor of an insurance producer when the affidavit of merit filed against the producer was not in compliance with law. The case of Ganguly’s Taekwondo Academy Inc., etc., v. JAL Insurance Services involved the owner of a...