Pure Excess and Umbrella liability insurance are often confused for the same thing, and the terms routinely are used interchangeably. In fact, umbrella coverage is often just a type of excess insurance that provides coverage different than pure excess insurance.
11th Circuit Affirms Dismissal of Class Action Suit Arising from Settlement of Diminished Value Claims
Diminished value has been a hot button topic in Georgia in recent years. In State Farm Mut. Auto. Ins. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (2001), the Georgia Supreme Court effectively established a common law cause of action for recovery of the diminution in value of an automobile following an accident or loss.
The purchase of reps and warranties insurance is an increasingly common element of mergers and acquisitions transactions. But while the uptake of reps and warranties insurance has increased, concerns remain about how a reps and warranties insurance will respond if a claim arises based on an allegation that a seller has breached a financial statement warranty and the buyer is claiming damages because the deal price was based on a multiple of the allegedly misrepresented financial item.
Late last night, I was watching Bizarre Foods, one of my favorite shows on television. For those who are not familiar with the show, it follows a plump bald headed guy who travels all over in search of interesting eats. The episode I was viewing featured the State of Virginia.
I enjoyed this post on a fundamental question in ERISA denial of benefit litigation, namely which of the many entities involved with a plan – employer, plan sponsor, fiduciary, claim administrator, insurer, and so on – is a proper defendant to such a claim. As the post points out, correctly, there is some ambiguity on the question, and courts in various parts of the country apply different rules.
This is not a political blog; we don’t do the legal equivalent of talk show satire. Though we’re forecasting future events, subject to all the errors that inhere, our title is entirely serious.
In Adams v. General Motors Company (Case No. 12-2084), the Sixth Circuit rejected an ineligible retiree’s claim for reinstatement of erroneous benefit payments under her former employer’s pension plan.
Recent news regarding lender-placed insurance (more colloquially known as “force-placed” insurance) has focused on state efforts to regulate the industry.
Insurance policies often include appraisal provisions that can not only vary from state to state but policy to policy. In this first snap shot I’ll focus on appraisal provisions found in some Texas policies and how the Texas courts have interpreted them.