Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    The Eighth Circuit affirmed the district court’s finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).      The insured suffered two hail storms that damaged his home. In 2010, the first … Read more

Third Circuit Affirms Insurer’s Duty to Defend Despite Allegations of Intentional Trespass

    The Third Circuit affirmed the district court’s finding that the insured contractor was entitled to a defense despite the underlying allegations of intentional trespass. Westminster Am. Ins. Co. v. Spruce 1530, LLC, 2021 U.S. App. LEXIS 24822 (3d. Cir. Aug. 19, 2021).      In the underlying case, the state court found that … Read more

Denial of Claim for Data Breach Overturned by Fifth Circuit

    The Fifth Circuit reversed the district court’s grant of summary judgment which held that the insurer had no duty to defend a data breach suit filed against the insured. Landry’s, Inc. v. Ins. Co. of the State of Pennsylvania, 2021 U.S. App. LEXIS 21688 (5th Cir July 21, 2021).      Landry’s operated … Read more

Eighth Circuit Affirms Dismissal of COVID-19, Business Interruption Claim

    In what appears be the first federal appellate decision on COVID-19 business interruption claims, the Eighth Circuit affirmed the district court’s dismissal of the insured’s claim based upon closure due to the pandemic. Oral Surgeons, P.C. v. Cincinnati Ins. Co., 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021).     After … Read more