Florida Supreme Court Rules State-Sponsored Property Insurer Immune from Bad...
The Supreme Court of Florida recently held that first-party insurer bad faith is not a ‘willful tort,’ and that, as a government entity that enjoys broad statutory immunity from suit, Citizens Property...
View ArticleFederal Banking Regulators Issue Joint Final Flood Insurance Rule
Five of the federal banking regulatory agencies (FDIC, FRB, OCC, FCA, and NCUA) recently issued a joint final flood insurance rule, which among other things: Requires escrowing of flood insurance...
View ArticleCalifornia Court Reverses Judgment on Hazard Insurance Loss Appraisal Award
The Court of Appeal of the State of California, First District, recently reversed a judgment confirming an appraisal award in an action for damages to an apartment building arising from a fire, as the...
View Article7th Cir. Holds Servicer/Mortgagee Does Not Owe Fiduciary Duty to Borrower as...
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a district court’s judgment that a lender did not owe the borrower a fiduciary duty to use the payout from a homeowners’ insurance...
View ArticleCalif. Supreme Court Holds Atty Fees to be Included in Determining...
The Supreme Court of California recently held that, in determining whether punitive damages awards are within constitutional limits, attorney’s fees may be included in the calculation of the ratio of...
View Article3rd Cir. Holds No TCPA Coverage Under Businessowners Insurance Policy
The U.S. Court of Appeals for the Third Circuit recently held that a businessowners insurance policy did not cover a class action judgment that arose out of unsolicited advertisement communications in...
View ArticleIllinois Fed. Court Holds No ‘Bad Faith Denial Of Coverage’ Against Title...
The U.S. District Court for the Northern District of Illinois recently held that a title insurer may exclude coverage under the exception for defects “created, suffered, assumed, or agreed to by the...
View Article9th Cir. Holds TCPA Claim Not Covered Due to ‘Invasion of Privacy’ Exclusion
The U.S. Court of Appeals for the Ninth Circuit recently held that a liability insurance policy that broadly excluded coverage for invasion of privacy claims also excluded coverage for claims for...
View Article7th Cir. Holds Bankers’ Professional Liability Policy Did Not Cover Excessive...
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a bank’s lawsuit against its insurer for breach of contract and bad faith denial of coverage, holding that the...
View Article6th Cir. Holds Michigan’s 6-Year Statute of Limitations Applies to Penalty...
In a case involving a claim on a fire insurance policy relating to damaged real estate, the U.S. Court of Appeals for the Sixth Circuit recently held that the insurance policy’s two-year limitations...
View Article10th Cir. Rules TCPA Action Not Covered by Insurance Under Colorado Law
The U.S. Court of Appeals for the Tenth Circuit recently affirmed summary judgment in favor of an insurance company, holding that the insurer had no duty to defend and indemnify its insured in a...
View ArticleSD Fla. Rejects Borrower’s Effort to Exclude Evidence of Reasonableness of...
The U.S. District Court for the Southern District of Florida recently denied a borrower’s motion to exclude testimony of an insurer’s expert regarding the reasonableness of lender-placed insurance...
View Article4th Cir. Holds HPA Does Not Require LPMI Disclosures If LPMI Not Required at...
The U.S. Court of Appeals for the Fourth Circuit recently concluded that lender-paid mortgage insurance (“LPMI”) disclosures under the federal Homeowners Protection Act are only required if LPMI is a...
View Article3rd Cir. Limits Title Insurer’s Duty to Defend
The U.S. Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of...
View ArticleWisc. Supreme Court Holds Fire Spreading Across Multiple Properties Was...
Reversing the rulings of the trial court and intermediate appellate court, the Supreme Court of Wisconsin recently concluded that a fire which spread across several properties was a single ‘occurrence’...
View Article8th Cir. Holds Property Damage Insurer Improperly Withheld ‘Labor...
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order certifying a class of Arkansas homeowners against an insurer that improperly withheld amounts for labor...
View Article8th Cir. Holds Alleged Contract for Interest Rate Reduction May Not Be Barred...
The U.S. Court of Appeals for the Eighth Circuit recently held that a borrower’s claims concerning lender-placed insurance practices were barred by res judicata, because the alleged practices were the...
View Article2nd Cir. Holds Post-Filing Amendment Can Divest Court of CAFA Jurisdiction
The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint,...
View Article11th Cir. Reverses Injunctive Class Certification Because Actual Relief Was...
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s certification of an injunction class, holding that the injunctive relief sought by the class was improper because...
View Article9th Cir. Holds TCPA Claim Not Covered Due to ‘Invasion of Privacy’ Exclusion
The U.S. Court of Appeals for the Ninth Circuit recently held that a liability insurance policy that broadly excluded coverage for invasion of privacy claims also excluded coverage for claims for...
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