Insurance Law

Recent Posts

Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims Under FHA – Implications for Property Insurers
Posted on 11 Aug 2015 by DLA Piper

By Kathleen A. Birrane , David D. Luce , and Peter S. Rice By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous... Read More

I’m Not Lion: Court Holds That Cat Urine Not Precluded By Pollution Exclusion – Case More Enjoyable Than Cats
Posted on 9 Jun 2015 by Randy J. Maniloff

Pollution Exclusion cases have become so abundant, and similar, that I’ve taken to limiting my discussion of them in Coverage Opinions to the ones that are truly unique. (See CO, __ (trust me)). Mellin v. Northern Security Insurance Co., No 2014... Read More

Business Pursuits Exclusion: Always Something Interesting
Posted on 3 Sep 2015 by Randy J. Maniloff

Cases involving the potential applicability of a Business Pursuits exclusion, in a homeowners policy, can be interesting. Some people operate a variety of unusual home-based businesses. Suit is filed against the homeowner. He or she seeks coverage under... Read More

California Court Considers Intentional Acts Exclusion in Homeowners Policy
Posted on 22 Jun 2015 by Brian Margolies

In Albert v. Mid-Century Insurance Company , 2015 Cal. App. LEXIS 431 (April 28, 2015, status changed from published to unpublished May 20, 2015), [ enhanced version available to lexis.com subscribers ], the California Court of Appeal had occasion to... Read More

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”
Posted on 9 Apr 2015 by Randy J. Maniloff

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can... Read More

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense
Posted on 5 Feb 2015 by Troutman Sanders

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person... Read More

Not Every Man’s Best Friend: A Dog Bites (Mail)Man Story
Posted on 19 Aug 2014 by Randy J. Maniloff

Lauren Kelly Villanova School of Law 2L J.D. Candidate 2016 “Of my six dog bites in those 10 years the most memorable was of a miniature French poodle,” Herb, a postal worker, recounts on the online news forum PostalMag.com. The site... Read More

Tags: dog , mail , bite , postal , homeowners

Very Interesting “Expected Or Intended” Case
Posted on 30 Nov 2015 by Randy J. Maniloff

It is a safe bet that if a person fires a gun, and then seeks coverage for any resulting injuries, coverage issues, especially “expected or intended,” will ensue. It is also a safe bet that the person seeking coverage will come up empty. When... Read More

Why Insurance is Expensive – Statutes to Protect Consumers Not Intended to Allow Insureds to Profit
Posted on 6 Aug 2015 by Barry Zalma

States, like Pennsylvania, have enacted statutes to protect consumers from insurers who cancel insurance without proper reason and after a policy has been in effect for more than 60 days. These statutes are intended to protect the consumer not give an... Read More

A Dog Bite Coverage Case Gets To A Supreme Court
Posted on 14 Jul 2014 by Randy J. Maniloff

I love dogs. I love coverage cases. So do the math -- I love dog bite coverage cases. On one hand, I’m glad that there are so many of them. On the other hand, a lot of dog bite coverage cases can mean only one thing -- there are a lot of dog bites... Read More

Three Sheets To The Win: Policyholder Rewarded For Being Drunk
Posted on 16 Jul 2015 by Randy J. Maniloff

The court in IDS Property Casualty Ins. Co. v. Schonewolf, No. 13-6039, 2015 U.S. Dist. LEXIS 67542 (E.D. Pa. May 26, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], gave away the ending right at the get... Read More

Is That Covered? Insurer Refusal to Pay for Full Property Loss May Be Bad Faith
Posted on 14 Oct 2014 by McNees Wallace & Nurick LLC

By Michael R. Kelley If you or your clients have ever had the experience of submitting a claim to an insurance company, you probably know how difficult it can be to get the insurance company to pay the full amount of damages. Even if the company... Read More

When Is a Landslide a Fire? Ninth Circuit Finds Fire To Be Direct Cause of Landslide that Destroyed House
Posted on 11 Jun 2015 by Barry Zalma

Those of us who live in the western United States see wildfires on a regular basis. Fire is a named peril and is covered by a simple fire policy and by a homeowners or commercial property policy. Landslides and mudslides that follow wildfires because... Read More

Ninth Circuit Holds Property Damage Directly Caused By Fire
Posted on 23 Jun 2015 by Brian Margolies

In Stankova v. Metropolitan Property & Casualty Insurance Company , 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015), [ enhanced version available to lexis.com subscribers ], the Ninth Circuit Court of Appeals, applying Arizona law, had the opportunity... Read More