Trial Strategy
Calculating CAFA's Amount in Controversy in an Insurance Class Action
The decision by the U.S. Supreme Court in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S. March 19, 2013), has changed the focus of insurance cases under the Class Action Fairness Act of 2005 from pre-trial stipulations to calculating the amount in controversy. A recent decision by a federal district court in Arkansas - finding that the amount in controversy was about $92,000 more than the $5 million threshold - illustrates the analysis. Read More

Commercial Property
Claim for "Replacement Cost" Proceeds Survives Insured's Sale of Damaged Property in Its Unrepaired State, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit has ruled that a claim for "replacement cost" proceeds under a property insurance policy survived the insured's sale of the damaged property in its unrepaired state. Read More

Claims Resolution
Failing to Timely Pay Insurance Claim Is Not Actionable Under UTPCPL, Court Rules
A federal district court in Pennsylvania has ruled that a policyholder's claim that its insurance carrier did not pay her claim in a timely manner was not actionable under Pennsylvania's Unfair Trade Practices and Consumer Protection Law. Read More

Commercial Auto
Insurer of Hotel's Courtesy Van - Not Injured Woman's Own Carrier - Must First Pay Her No-Fault Benefits
An appellate court in Michigan has ruled that the insurance carrier for a hotel's courtesy van had to pay no-fault benefits to a woman who alleged that she was injured when she exited the van, and that her own insurer was not primarily responsible for the benefits. Read More