Publications
Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply retroa
Legal Update for Insurance Services, January 8, 2024, has been prepared for our readers by Marshall Dennehey.
Policies Alone Fall Short: Establishing a Standard of Care and Duty Requires More Than Internal Procedures
A recent decision by the Florida Fifth Circuit Court of Appeal confirmed the application of rarely considered case law that analyzes the application of a company’s internal policies and procedures to the standard of care in its industry.
Rule 702 Revamped Once Again
Expert testimony is the tool that enables litigators to elucidate concepts that require scientific, technical or specialized knowledge. However, a proponent cannot introduce expert testimony without demonstrating under F.R.E.
Legal Update for Insurance Services
Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania
In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are therefore not covered under
The material in Legal Updates for Insurance Services, June 1, 2023, has been prepared for our readers by Marshall Dennehey.
Florida’s 4th District Court of Appeal Decides Insurer’s Presuit Notice Requirement Is Procedural in Nature and Applies Retroactively
In a decision that continues to fuel the dispute between the plaintiff and defense bar, Florida’s Fourth District Court found that the presuit notice provision of section 627.70152 is procedural in nature and, as such, applies retroactively to pol
Legal Update for Insurance Services, May 8, 2023, has been prepared for our readers by Marshall Dennehey.
Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims
In Gordon v. LM General Insurance Company, 2:23-cv-00479-MAK, 2023 WL 2975869 (E.D. Pa.
Legal Update for Insurance Services, April 25, 2023, has been prepared for our readers by Marshall Dennehey.
The Supreme Court of New Jersey Holds that “Self-Insurance” Is NOT “Other Insurance”
On February 16, 2023, the Supreme Court of New Jersey handed down its unanimous decision in Statewide Insurance Fund v.
The material in Legal Updates for Insurance Services, February 17, 2023, has been prepared for our readers by Marshall Dennehey.
Pennsylvania Superior Court Addresses Stacking Waivers in Single Vehicle Policies
In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super.
The material in Legal Updates for Insurance Services, January 17, 2023, has been prepared for our readers by Marshall Dennehey.
Third Circuit Holds that Commercial Property Policies Do Not Provide Coverage for Businesses’ COVID-19 Closure Claims
On January 6, 2023, the Third Circuit Court of Appeals handed down a unanimous opinion in Law Offices of Rhonda H. Wilson, et al. v. USI Insurance Service, et al., which was drafted by Judge Michael A. Chagares.
The material in Legal Updates for Insurance Services – Florida Alert – January 9, 2023,
Property Insurance Reform Laws Passed in Florida-Now What?
On December 16, 2022, Florida Governor DeSantis signed into law potentially historic insurance reform, commonly referred to as
Legal Updates for Insurance Services – Florida Alert – December 20, 2022, has been prepared for our readers by Marshall D