Publications
OHIO SUPREME COURT CLARIFIES RULE ON ATTORNEY-CLIENT PRIVILEGE AND COMMUNICATIONS BETWEEN INSURER AND ITS OUTSIDE COUNSEL
On February 26, 2026, the Ohio Supreme Court issued an opinion in Eddy v. Farmer’s Property Cas. Ins. Co., Slip Opinion No.
Court Clarifies Efficient Proximate Cause Rule: Covered Peril Must Be the Dominant Cause
A scenario all too familiar in the world of property insurance claims arises when an insured seeks a full roof replacement after their roof is beyond its useful life.
New Jersey Supreme Court Decides Laidlow Exclusion Is Valid
Rodriguez v. Shelbourne Spring, LLC, A-2079-22, December 12, 2024
New Jersey Legal Update – December 20, 2024,
The Supreme Court of Pennsylvania Rules That COVID-19 Closure Claims Are Not Covered in Pennsylvania, Absent Physical Damage to Property
Earlier today, the Supreme Court of Pennsylvania handed down its heavily anticipated decisions in Ungarean v. CNA and Valley Forge Insurance Company and MacMiles, LLC v.
Legal Update for Insurance Services - September 26, 2024, has been prepared for our readers by Marshall Dennehey.
Third Circuit Upholds Household Vehicle Exclusion for Uninsured Dirt Bike, Overturning District Court Ruling
The Gallagher decision initially led to widespread uncertainty and confusion.
Legal Update for Insurance Services -
Third Circuit Declines to Extend Gallagher and Upholds Regular Use Exclusions
The Third Circuit has issued a non-precedential opinion upholding regular use exclusions in the face of argument that such exclusions violate Section 1738 of the Motor Vehicle Financial Responsibility Law (MVFRL).
Legal Update for Insurance Services
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agr
Legal Update for Insurance Services
Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain
The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such, applies retroactively
Legal Update for Insurance Services
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal.
Legal Update for Insurance Services
Pennsylvania Supreme Court Confirms the Validity of ‘Regular Use Exclusions’
Following the Pennsylvania Superior Court determination that “regular use exclusions” in UM/UIM policies violated the Motor Vehicle Financial Responsibility Law (MVFRL) in 2021, and in light of the post-Gallagher decisions, most were expe
Legal Update for Insurance Services