Latest Articles
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October 10, 2022
Hermanson sued Century National alleging causes of action for 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, and 3) unfair claims practices (pursuant to NRS 686A.310) for its failure to defend and indemnify him in relation to an underlying lawsuit. Century National removed the case to federal court and asserted a counterclaim for declaratory relief.
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October 10, 2022
In Arizona, plaintiffs will often file coverage and bad faith matters in state court. Defendant insurers then typically seek to remove those matters to federal court, which is generally considered a better forum for insurance companies for a variety of reasons. Federal subject matter jurisdiction is almost always asserted through the diversity of citizenship of the parties.
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October 10, 2022
There are two theories of coverage for uninsured/underinsured motorist (UM/UIM) coverage in the U.S.: (1) gap theory and (2) excess theory or floating layer theory. New Mexico is a gap theory jurisdiction with a recent twist.
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July 20, 2022
(Complaint Alleged Sufficient Facts Regarding Physical Loss Caused by COVID-19, Such That Order Dismissing Case Based on Demurrer Required Reversal Thereof)
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July 20, 2022
(COVID-19 Losses Resulting From Closure Orders And Presence of Virus Itself Does Not Constitute “Direct Physical Loss Or Damage”)
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July 20, 2022
(Insurance Code Section 553 Barring Coverage of Insured’s Willful Acts Applied to Exclude Coverage of Successor Company’s Liability Imposed for Conduct of Predecessor Company)
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July 20, 2022
(Intentional Grading and Clearing of Property Mistakenly Believed to be Owned by Insured Did Not Constitute Accident Under Liability Policy)
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July 20, 2022
(Government Orders Requiring Shutdown of Restaurant Did Not Constitute Physical Loss of or Damage to Property at Insured Premises)
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