FEMA Rescinds Prior Ruling that Halted National Flood Insurance Program during Government Shutdown after Wave of Backlash from Insurance Industry

In the midst of the partial federal government shutdown, on Wednesday, December 26th, the Federal Emergency Management Agency (FEMA) announced that the National Flood Insurance Program (NFIP), the main source for flood insurance in the U.S., would have limited ability to issue new or renewal policies, or issue increased coverage on existing policies, although claims would be paid on policies that were in force before midnight on December 21, 2018.  A wave of backlash from the insurance, banking, and housing
Continue reading...

The Duty to Defend Additional Insureds in Post-Burlington New York

Anyone with a connection to the insurance coverage world in New York knows about the New York Court of Appeals 2017 decision in Burlington Ins. Co. v. NYC Transit Auth., 29 N.Y.3d 313 (2017), which held that “where an insurance policy is restricted to liability for any bodily injury ‘caused, in whole or in part’ by the ‘acts or omissions’ of the named insured, the coverage applies to injury approximately caused by the named insured.”  At the time the decision
Continue reading...

Dismiss or Abate? The Eleventh Circuit Dismisses Bad Faith Allegations in Breach of Insurance Contract Actions

The longstanding debate in Florida’s state courts as to whether bad faith allegations can remain in a pending breach of insurance contract case, or whether they must be dismissed pending the outcome of the coverage dispute, has now reached the federal courts. In Aligned Bayshore Holdings, LLC v. Westchester Surplus Lines Ins. Co., 2018 WL 6448632, Case No. 18-21692-Civ-Scola (S.D. Fla. Dec. 10, 2018), the insured sustained losses due to Hurricane Irma and submitted a claim to its insurer, which
Continue reading...

The Insurance and Reinsurance Report Named Best Niche and Specialty Blog of 2018!

We are pleased to announce that the Insurance and Reinsurance Report blog has been named the best legal news blog in the country and earned 5th place overall in The Expert Institute’s Best Legal Blog Contest for 2018! The Expert Institute — a leading legal service provider for identifying, verifying, and retaining expert witnesses — holds this annual contest to vet and recognize the best legal blogs out of the thousands that are on the web. In the 2018 Best Legal Blogs
Continue reading...

The Insurance & Reinsurance Report: Year in Review — Why We Think It’s the Best Legal News Blog of 2018

Goldberg Segalla’s Insurance and Reinsurance Report is in the running for The Expert Institute’s Best Legal News Blog of 2018. Fans and readers of the Report and others who stay abreast of developments in the legal blogosphere are invited to vote for the best legal news blog through the following link: The Insurance & Reinsurance Report Honored to be in the running and by the support we’ve seen thus far, we took this opportunity to reflect on some of the
Continue reading...

New York Appellate Court Permits Use of Extrinsic Facts to “Clarify Ambiguous Pleadings” and Establish the Applicability of a Policy’s Auto Exclusion

On October 23, 2018, our Global Insurance Services group hosted an interactive webinar discussing states’ varying interpretations of what is considered “loading and unloading” in the context of a liability policy’s “Aircraft, Auto or Watercraft” exclusion. During that presentation, we identified inconsistencies in the courts’ application of this provision when assessing an insurer’s duty to defend, particularly in New York. Ironically, that same day, a New York Appellate Court analyzing the application of a the “Aircraft, Auto or Watercraft” exclusion
Continue reading...

Third Circuit Revives Consumer Fraud Act Class Action against Insurer Based on Adjuster’s Alleged Deceptive Conduct

The Third Circuit’s recent decision in Alpizar-Fallas v. Favero, __ F.3d __, 2018 WL 5987140 (3d Cir. Nov. 15, 2018), is a stark reminder that the process of adjusting an insurance claim is not exempt from the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (CFA). In Favero, Progressive Garden State Insurance Company (Progressive) insured, under two separate policies, the drivers of two vehicles involved in an accident. After the accident, a Progressive adjuster allegedly visited Ana Lidia Alpizar-Fallas
Continue reading...

We Need Your Vote!

Attention blog readers! We are proud to announce that our Insurance and Reinsurance Report blog has made it to the voting round in The Expert Institute’s 2018 Best Legal Blog Contest! Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” The polls are now open – if you like our blog, please consider voting. How it works: You can submit one vote per blog.
Continue reading...

UM Insurer Loses the Form Battle But May Yet Win the Coverage War

In GEICO Indem. Co. v Perez, 2018 WL 4495557 (Fla. Dist. Ct. App. 2018), not only was Geico Indemnity Company and Geico General Insurance Company (collectively GEICO) forced to go to trial against their insured because the trial court denied GEICO’s motion for summary judgment on the issue of whether the insured was entitled to uninsured/underinsured motorist (UM) coverage but the jury also found that the insured had been severely injured due to the negligence of an un insured motorist, entitling him to
Continue reading...

No Second Chances: New Jersey Appellate Division Prohibits Alleged Insurance Fraudster From Re-Litigating Issue Of Whether There Was An Underlying Auto Accident

The New Jersey Appellate Division held that an individual alleged to have submitted a fraudulent insurance claim as a result of an auto accident was collaterally estopped from litigating for a second time the issue of whether there was in fact an auto accident. In Badolato v. McMillan, No. A-5474-16, 2018 WL 5091799 (App. Div. Oct. 19, 2018) an individual, Charyse McMillan, filed a claim with New Jersey Manufacturers Insurance Company (NJM) for personal injury protection (PIP) benefits as a
Continue reading...