Insurance companies in Florida can cause foreseeable harm to their policyholders and not be held accountable pursuant to a recent opinion by the Florida Supreme Court.1
Continue Reading Florida Supreme Court Issues Anti-Consumer Opinion and Holds Insurance Companies Are Immune From Foreseeable and Consequential Damages When They Breach Contracts
Arizona has a strong interest in ensuring its residents are made whole for injuries sustained while in Arizona. Bryant v. Silverman, 146 Ariz. 41, 47, 703 P.2d 1190, 1196 (1985). Toward that end, it allows for injured plaintiffs to recover all damages caused by a tortfeasor, including economic and emotional damages. Rawlings v. Apodaca, 151 Ariz. 149, 161, 726 P.2d 565, 577 (1986).
Continue Reading Is Expert Testimony Required For a Jury To Award Emotional and Mental Distress Damages In Arizona?
In May of 2019, a decision made by a panel of Florida’s Fifth District Court of Appeals sparked an important debate that could have consequences for policyholders and their insurers throughout the state of Florida. The Florida Supreme Court will soon end that debate, and its decision could impact how attorneys choose to approach advocating for policyholders when delays in payment directly result in lost income for insureds.
Continue Reading Consequential and Foreseeable Damages: Recovery of Lost Rent Directly Attributable to the Insurer’s Breach of Contract
The Florida Supreme Court will hear arguments about whether foreseeable consequential damages are recoverable when an insurer breaches its contract on Tuesday.1 Law360 is a great publication to keep abreast of the newest legal issues involving insurance and this is how it described the upcoming case:1
Continue Reading Are Foreseeable Consequential Damages for Breach of a Property Insurance Contract Recoverable?
A New York court of appeals recently ruled that an insured’s claim for business interruption losses in excess of policy limits may proceed as the insured alleged the additional losses were the result of its insurers’ delay in payments.
Continue Reading Delay in Payment May Lead to Insurer’s Liability in Excess of Policy Limits