The Connecticut Supreme Court’s recent decision reaffirming that a CUTPA claim against an insurance company (or agent or broker) must be strictly limited to alleging improper practices that are in violation of CUIPA will be particularly helpful to insurers in defending lawsuits asserting unfair trade practice and other bad faith claims. State of Connecticut v.

Last week, Connecticut’s Governor signed into law Public Act 13-148, titled “An Act Establishing A Mediation Program For Certain Insurance Policy Claims and Concerning Requirements for Persons Performing Repairs, Remediation or Mitigation Pursuant to a Loss” (“PA 13-148” or “Act”).

Applicability

PA 13-148, which will become effective on October 1, 2013,

On April 25, 2013, the Massachusetts Division of Insurance (“DOI”) issued a bulletin offering “guidance and recommendations” regarding the handling of insurance claims, premium payments, and underwriting of coverage related to the April 15, 2013 bombings in Boston. Of note, the DOI indicates that insurers are required to promptly investigate all claims, and “encourages” insurers

New Jersey’s Department of Banking and Insurance Unveils Mandatory Mediation Program for Sandy Claims

On March 26, 2013, New Jersey’s Department of Banking and Insurance (“Department”) issued a significant new Hurricane Sandy-related order that will affect nearly all insurers doing business in the State of New Jersey.  Order No. A13-106 (“Mediation Order”) requires insurers to

As we have indicated in prior blog posts on the Soronson and Slominski cases, late notice issues have been cropping up consistently in the Florida appellate courts in the context of Hurricane Wilma claims being reported years after the storm.  Cooperation clauses requiring prompt notice and sworn proof of loss are implicated, and the issue,

When is an Appraisal Demand Premature?  Southern District of Florida Addresses a Post-Litigation Appraisal Demand

Biscayne Cove Condominium Association, Inc. v. QBE Ins. Corp., 2013 U.S. Dist. LEXIS 5194 (S.D. Fla. Jan. 14, 2013), involved a Hurricane Wilma property coverage dispute at a condominium complex. In this case, the court denied the insurer’s (“QBE’)

On December 7, 2012, the Delaware Department of Insurance issued Bulletin No. 58 reminding insurers writing residential policies incepting or renewing on or after January 1, 2013 that policies must include a prominent and specific notice regarding applicable hurricane deductibles. The Bulletin indicates that in the wake of Hurricane Irene and storm Sandy, many Delaware

Most states enforce anticoncurrent causation provisions, as we have described in our summary of such provisions. Recently, the Court of Appeals of the State of Oregon determined that a policy was ambiguous despite the fact that the insureds stipulated that collapse caused the damage, and the policy excluded loss caused by collapse with anticoncurrent