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Articles by Evan Holober
West Virginia: No Bad Faith or Waiver Where Insurer Defended Under Reservation of Rights
On June 10, 2026, the Supreme Court of Appeals of West Virginia held that an insurer’s offer to “vigorously defend” the policyholder and to pay a potential excess verdict does not lead to waiver of the coverage defenses the insurer reserved at the outset of litigation. In Dye v. Farmers & Mechanics Mutual Insurance Company of West Virginia, — S.E.2d —-, 2026 WL 1678526 (W.
Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy
A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that breach of contract claims are not always uninsurable as a matter of law. In Bridlewood Estates Property Owners Association v.
Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy
A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that breach of contract claims are not always uninsurable as a matter of law. In Bridlewood Estates Property Owners Association v.
Insurance Implications of SEC and CFTC’s New Form PF Requirements
Registered investment advisers and registered commodity pool operators navigate a complex set of disclosure requirements and other rules imposed by federal regulatory agencies. In February 2024, the Commodity Futures Trading Commission (CFTC) and the US Securities and Exchange Commission (SEC) announced new disclosure requirements for Form PF.
Illinois Court Says 7th Circuit Fumbled Illinois Law in BIPA Decision
Companies face significant exposure from privacy related claims. An increasing number of these claims result from efforts at the state level to regulate use of personal data. One key focus is Illinois’ Biometric Information Privacy Act (“BIPA”), but as lawmakers in other states continue to introduce legislation aimed at regulating the use of biometric data, more court decisions may muddy the waters regarding what conduct may be covered under a general liability policy.
Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision | JD Supra
Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property Insurance Corporation, No. 3D22-0032, 2023 WL 219032, — So.3d —- (Fla. 3d DCA Jan. 18, 2023), the insured sought coverage for Hurricane Irma damage nearly three years after the storm.
Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal | JD Supra
The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a directed verdict, finding that United Fire did not breach the insurance policy and did not commit bad faith during a property appraisal. Luigi’s, Inc. v. United Fire and Cas. Co., No. 19-1669, — N.W.2d —-, 2021 WL 1932711 (Iowa May 14, 2021). Factual Background: Luigi’s restaurant in Oelwein, Iowa, burned down, resulting in a total loss.
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