Denial of Bad Faith Claims Reversed and Remanded

    The Kentucky Supreme Court reversed the court of appeals’ affirmance of the trial court’s denial of bad faith claims. Nichols v. Zurich Am. Ins. Co., 630 S.W. 3d 683 (Ky. 2021).     Miller Pipeline Corporation had a commercial fleet policy with Zurich. The policy provided UIM coverage of $1,000,000.      Miller’s … 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

No Interlocutory Appeal of Denial of Motion to Dismiss Business Interruption Claims

    After denying Society Insurance’s motions to dismiss business interruption claims, the court rejected Society’s motion to certify the order for an interlocutory appeal under 28 U.S.C. Sec. 1292 (b). In re Soc’y Ins. Co. COVID-19 Bus. Interruption Protection Insurance Litigation, 2021 U.S. Dist. LEXIS 111217 (N.D. Ill. June 15, 2021).     Plaintiffs … Read more