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Practice Area: Coverage

COURTS CONTINUE TO AFFIRM THAT EXTENDED DELAYS IN REPORTING PROPERTY DAMAGE UNDER A POLICY VIOLATES THE OBLIGATION OF PROMPT-NOTICE

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Two Florida appellate courts recently affirmed that an insured’s multiple-year delay in reporting property damage violates the obligation of prompt notice to the insurer. In Camacho v. Citizens Prop. Ins. Corp., a Florida appellate court affirmed summary judgment for Citizens Property Insurance Corporation, holding that a nearly three-year delay in reporting hurricane-related property damage to…
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AMBIGUOUS POLICY LANGUAGE COSTS MILLIONS

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When an insurer attempts to limit its exposure, it must keep all of the policy in mind—not just a few discrete parts. Recently, the United States District Court for the Northern District of Texas determined that a ransomware attack did not fall within the cyber insurance policy’s “Ransomware Sub-Limit Endorsement,” and the insurer was unable…
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TOPPLING THE TOWER: TWO WORDS WHICH MIGHT CAUSE YOUR INSURANCE TOWER TO COLLAPSE

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Insurance towers provide significant protection for many businesses. Insurance towers are comprised of a primary insurer followed by layers of excess insurers. Once the primary insurer’s policy limits have been exhausted, the first layer excess insurer takes over until its policy limits are exhausted. This process continues until the claim is paid in full or…
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CLAIMS-MADE POLICY NOTICE REQUIREMENTS CLARIFIED IN THE ELEVENTH CIRCUIT – THE PRESUMPTION OF PREJUDICE

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The Eleventh Circuit recently solidified how the notice requirement works in claims-made policies by relying on the majority view of courts on this issue. In L. Squared Indus., Inc. v. Nautilus Ins. Co., the Eleventh Circuit affirmed summary judgment for Nautilus Insurance Company (“Nautilus”), holding that the failure to provide timely notice by the insured…
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MISAPPROPRIATION EXCLUSION DOES NOT FORECLOSE COVERAGE IN MALPRACTICE CASE

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The Eleventh Circuit recently determined that a “misappropriation exclusion” did not wholly foreclose coverage in a malpractice lawsuit stemming from a law firm’s representation of defendants facing civil foreclosure in a RICO action. Medmarc Cas. Ins. Co. v. Fellows Labriola LLP, No. 25-10837, 2025 WL 2886733 (11th Cir. Oct. 10, 2025). In doing so, the…
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COURTS REMAIN UNDECIDED ON HOW TO HANDLE CYBER SECURITY EVENTS

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Although the number of cyber security attacks continues to rise, courts are not unified on how insurance policies apply. This is evident by how two cases were decided differently despite the insureds suffering similar cyber security events. In Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 WL 1733046 (N.M. Ct. App. June 16, 2025), a…
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BROAD READING OF “ARISING OUT OF” LANGUAGE IN PROFESSIONAL-SERVICES EXCLUSION UPHELD

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Last month, the United States District Court for the Southern District of Florida dismissed with prejudice a declaratory judgment action filed by a purported third-party beneficiary against an errors-and-omissions insurer based on application of a professional-services exclusion. See Speckin Forensics, LLC, v. Twin City Fire Ins. Co., No. 9:25-cv-80383-AMC (S.D. Fla. Aug. 8, 2025). Speckin,…
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PREPARING FOR “SILENT AI”: LESSONS LEARNED FROM “SILENT CYBER”

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Artificial Intelligence is an emerging technology that rapidly has infiltrated all aspects of everyday life, including business and commerce. AI allows users to quickly perform and complete tasks that ordinarily would take substantial time, energy, and human effort to achieve a finished result. AI products are readily available to users, both in free, open source…
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AI CLAIMS HANDLING AND BAD FAITH LITIGATION

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Artificial Intelligence (AI) is constantly revolutionizing industries, and claims handling is no exception. These advancements come with growing pains: the use of AI in claims determinations has become the subject of bad-faith litigation. Although AI is relatively new, the bad faith arguments are not. Bad faith lawsuits concerning the use of technology in claims handling…
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