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  • November 03, 2021

    The Colorado Supreme Court recently determined that an insurer defending under a reservation of rights has the right to intervene in the litigation after its insured assigns its rights to bad faith claims against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, 2021 CO 32, 487 P.3d 276.

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  • November 03, 2021

    In Sciarratta v. Foremost Ins. Co. Grand Rapids Mich., 491 P.3d 7, 137 Nev. Adv. Rep. 32 (Nev. 2021), the Nevada Supreme Court recently held that a personal umbrella policy is not a “policy of motor vehicle insurance,” and therefore was not subject to a statutory requirement that such a policy’s exclusions be presented on a form promulgated by the Nevada Division of Insurance.

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  • November 03, 2021

    The Arizona courts have held that auto policies that cover a driver or passenger when they enter a vehicle may be limited to the literal meaning of the act of entering a vehicle, excluding activities that may precede entering a vehicle, like addressing other prospective passengers in the same group of friends who are waiting to enter.

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  • November 03, 2021

    Insurers selling “minimum limits” uninsured/underinsured motorist (UM/UIM) auto policies in New Mexico must now provide adequate disclosure to their customers in the form of a policy exclusion describing the “illusory” nature of UIM coverage if they wish to continue to charge a premium for minimum limits UM/UIM coverage.

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  • October 13, 2021

    National plans for the fledgling offshore wind industry are ramping up. In May 2021, the Biden Administration announced plans to promote development of wind farms off California’s Central Coast, with Governor Gavin Newsom supporting the plan. 

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  • October 13, 2021

    The rise (perceived or otherwise) in unjust and/or unreasonable demurrage and detention, or D&D, fees has been on the FMC’s radar for several years now, but recent actions on this issue have led to increased focus and oversight by the FMC. 

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  • October 13, 2021

    The U.S. Court of Appeals for the Fifth Circuit recently issued an en banc ruling in Sanchez v. Smart Fabricators of Texas, LLC, 997 F.3d 564 (5th Cir. 2021) holding that an offshore welder assigned to a jack-up drilling rig was not a seaman within the meaning of the Jones Act. 

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  • October 12, 2021

    (Because Claims For Damage As A Result Of COVID-19 Government Orders Preventing Operation Of Businesses Failed To Allege Direct Physical Loss Of Or Damage To Property Or Were Otherwise Excluded By The Virus Exclusion, Coverage Was Not Afforded Under Commercial Property Policies)

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