Kyle Bugden

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I’ve previously written about the “claims file privilege” in the state of Florida. In that blog post, Obtaining the Insurance Company Claims File, I discussed that the “claims file privilege” is a judicially created privilege and as a result of Florida abolishing common law privilege, privileges cannot be derived from judicial construction. Florida Statutes 90.501-90.510 discuss the applicable privileges in Florida, and “claims file” is not one of them.
Continue Reading The “Claims File Privilege” in Florida

Civil procedure is the bane of most 1L law students’ existence. Personally, I was far more interested in reading about the trains in Torts than I was learning the rules of civil procedure. At that time, I could not imagine writing a blog about the pleading standards of affirmative defenses, nor could I imagine how interested in such a procedural topic I would become. My civil procedure professor affectionately referred to the U.S. Supreme Court decisions in Twombly and Iqbal as the Twiqbal standard. In homage to Dean Charles Campbell, who cold-called me on day one, I will continue refer to Twombly and Iqbal as Twiqbal.
Continue Reading First Party Property Insurance Affirmative Defenses in Federal Courts: What Standard Applies?

A few years ago, my wife gave me a watch for my birthday. It is a simple modest three-hand Bulova and I was ecstatic. It was the best gift I ever received. It was slim and elegant and would be a perfect addition to my attire in my budding legal career. What I didn’t know then is how consumed by the world of watches I would become. I was so intrigued by that little watch that within the coming years I would buy and trade several watches from Tag Heuer to the famous Swiss brand with the 5-pointed crown. Then arose the problem, suddenly I had a few uninsured pieces of jewelry.
Continue Reading Watch Your Coverage

Everyone who has been to law school learns about Negligence and the reasonable person standard. This standard is “what a reasonable person would have done in the same or similar circumstances.” However, an insurance agent will be held to a similarly situated insurance agent in the same circumstances.
Continue Reading The Standard of Care Owed by Insurance Agents in the District Of Columbia

Recently the New York Statute of Limitations has become a heated topic of litigation. Governor Cuomo issued Executive Orders tolling the Statute of Limitations, but the question has become, what is the effect of those orders? The Statute of Limitations in New York is generally six years,1 however, this can be altered by contract. Many Insurance Policies shorten this six-year period to only twelve months.
Continue Reading New York Statute of Limitations and the Effect of the COVID-19 Closures

In California, the combination of both a covered loss and an uncovered loss can still be covered under the Efficient Proximate Cause Doctrine provided that the covered loss is the efficient proximate cause of the loss. California Courts have interpreted California Insurance Code sections 530 and 532 to codify the efficient proximate cause doctrine.
Continue Reading A Primer on the Efficient Proximate Cause Doctrine in California

Insurers often delay and deny payment even when a claimant is rightfully entitled to that money. As such, courts may award interest for the loss of the use of money that plaintiffs suffer. Interest that accrues prior to a judgment being entered is referred to as prejudgment interest.
Continue Reading Delayed and Denied Tennessee Insurance Claim Problems? Does Tennessee Award Prejudgment Interest?