Other Jurisdiction

Prime Time To Sue Amazon

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website. Previously, a California Appellate Court overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a replacement laptop computer...Read More

Business Interruption Claims in the Covid-19 Era: The Trend Continues

Earlier this week, a federal judge in the U.S. District Court for the Southern District of Florida dismissed a lawsuit seeking coverage for losses associated with the COVID-19 pandemic. In El Novillo Restaurant, et al. v. Certain Underwriters at Lloyd’s, London, et al., the plaintiffs filed suit seeking coverage for business income losses due to Covid-19.  In response to the amended complaint,...Read More

North Carolina Superior Court First to Hold Covid Closure Equals Physical Loss

As the first wave of litigation over insurance company denials of business interruption coverage to restaurants and other businesses has begun to result in adjudicated decisions, those denials have been upheld, largely based upon a consistent interpretation that a mandated closure is not equivalent to an actual, direct physical loss or damage, as required to trigger coverage. However, in...Read More

Amazon Can Be Liable for Third-party Sellers’ Defective Products in California-Will Other States Follow? (NY)

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website.  A California Appellate Court has overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a...Read More

Calder Ruling Creates New Issues for Art Owners and Insurers (France)

A recent ruling from the Paris Court of Appeals highlights some of the peculiar risks related to purchasing (and insuring) art in international jurisdictions.  The renowned American sculptor Alexander Calder lived and worked for much of his life in Saché, France.  One of his works, the large stabile, Porc qui pique, 1963, was exhibited and photographed such that its creation and appearance are...Read More

Wife Brings Wrongful Death Action After Husband Contracts COVID-19

On April 14, 2020, Susan Dorety brought a wrongful death action against Princess Cruise Lines in the Northern District of California, alleging negligence and gross negligence. In her complaint, Dorety alleges that she and her husband boarded a Princess cruise liner on February 21, 2020 in San Francisco, California. Dorety alleges that the cruise ship departed despite the significant COVID-19...Read More

California Insureds File Suit Seeking Coverage For Covid-19 Claims

A prominent California law firm, along with two commercial property owners and a restaurant have sued their insurer in Los Angeles County Superior Court seeking coverage for losses related to the coronavirus pandemic. The four suits, filed on April 9 and April 10, 2020, seek declarations that Travelers Indemnity Co. of Connecticut is obligated to provide coverage under the policyholders’...Read More

Court Denies Class Certification; Rules Each Insurance Policy Must Be Considered as an Individual Contract

Insurance policies are contracts.  For that reason and others, insurers benefit when courts approach their policies from a contract perspective rather than a public policy perspective.  Related to this point, a Tennessee federal judge recently denied class certification to a group of policyholders who brought suit against North Carolina Mutual Life Insurance Company. The underlying complaint...Read More

Adjusters Escape Personal Liability (WA)

In Keodalah v. All State, the Washington Supreme Court narrowly held that an Allstate claims adjuster cannot be sued in her individual capacity for her alleged wrongful handling of a driver’s accident claim in violation of state law.  By reversing the lower court 5-4, the holding can put the insurance industry, at least temporarily, at ease from the fear that policyholders across the country...Read More

This and That by Dennis Wade

“You can’t judge a book by its cover,” my mother drilled into my head.  But as a coverage attorney, I preach a different variation; “You can’t judge whether a Duty to Defend exists by the labels plaintiff affixes to the counts in the complaint.” AIX Specialty v. Amy Dginguerian, a recent coverage contest decided in the Southern District of Florida, nicely illustrates the wisdom of my coverage...Read More