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In Atain Speciality , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction...

Greed often overrules common sense. When an insurer refuses to defend or indemnify its insured the plaintiff will take an agreed judgment against the defendant, then agree not to execute on the judgment in exchange for an assignment from the defendant...

Until recently, owners of damaged homes in West Virginia had some limits on the amount of damages they could recover in a lawsuit. Now, the West Virginia Supreme Court of Appeals has significantly revised prior case law and expanded available damages...

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, [ enhanced version available to lexis.com subscribers ], in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category...

By Marc J. Felezzola , Associate, Babst, Calland, Clements and Zomnir, P.C. The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for...

Because securities class action lawsuits under Section 10 of the Securities Exchange Act of 1934 and Rule 10b-5 so rarely go to trial (a topic I addressed in a recent post, here ), questions about how damages are calculated are not often addressed directly...

By Matthew J. Sekits , Daniel R. Bentson . Recently, the Washington Court of Appeals increased the damages available to an assignee of an insured's bad faith claims, holding that a "covenant judgment sets a floor, not a ceiling, on the...

The Third Circuit’s decision in Wolfe v. Allstate Property & Casualty Company, No. 12-4450 (3d Cir. June 12, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], addresses a very interesting and important...

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover...

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District...

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes...

I have said this so, so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims...

When it comes to the potential availability of coverage for punitive damages there is often more than meets the eye. First, the answer to the oft-asked question, whether punitive damages are insurable in such and such state, is many times provided by...

Watson v. USA, Feb. 25, 2016 - "This arcane case involves a combination of critical negligent factual errors by government officials and rare reversals in the interpretation of applicable substantive citizenship law. An American citizen was wrongly...

"Immigration officials imprisoned a U.S. citizen for seven months and when she sued for the abuse tried to revoke her citizenship in retaliation, the woman claims in court. Sharon Arlanza Yost sued the United States in Federal Court . ... Yost seeks...