Legal Insights for the Insured

Category Archives: Policy Limits

Louisiana Supreme Court Holds That Statute May Confer Broad Duties On Insurers

By Matthew J. Morris on July 9, 2015 Posted in Commercial General Liability (CGL), Policy Limits

In Kelly v. State Farm Fire & Casualty Co., the Supreme Court of Louisiana recently held that an insurer can be liable for bad faith failure to settle a claim even if it has not received a firm offer to settle the claim. The court also held that the insurer could be liable for misrepresenting … Continue Reading

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

By Matthew J. Morris on March 9, 2015 Posted in Policy Limits

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children from different families who were exposed to lead paint in the same apartment during successive policy terms. This result should … Continue Reading

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