Phelps Dunbar Insurance

Earlier this month, the court held that an insurer must defend a hotel operator in a lawsuit filed by an alleged sex trafficking victim under the Trafficking Victims Protection Reauthorization Act. This decision narrowly applied policy exclusions for abuse, molestation and assault. The court found that the plaintiff’s claims met the “bodily injury” requirement under Coverage A and that false imprisonment claims could be seen as committed “on behalf of” the insured under Coverage B. The court also rejected the insurer’s argument that the Abuse or Molestation Endorsement excluded coverage, noting separate injuries and emotional damages. Additionally, the court held that the Assault or Battery Endorsement did not apply, as no intentional physical force was alleged. Phelps lawyers Christy Maple, Katie Whitman Myers and April Alex explain what this could mean for insurers in our latest #insurance alert. Read the full article here >> https://lnkd.in/gYnfMSt2

The Georgia Court of Appeals recently issued a landmark ruling that rideshare platforms like Lyft qualify as "motor carriers" under state law. This means that insurers of rideshare companies and their drivers can now face direct-action lawsuits before any judicial determination of liability, provided personal service on the rideshare company or driver cannot be effectuated after reasonable diligence. Phelps associate Giles Rhodenhiser explains how this decision could significantly impact the regulatory landscape for rideshare platforms in our latest insurance alert. Read more here >> https://lnkd.in/eMrzc3TH

A recent 11th Circuit ruling held an insurer liable for the full unallocated consent judgment under a CGL policy, including covered and non-covered claims, after it refused to defend a lawsuit.?Phelps Associate Ken Boyles shares what insurers need to know about the decision.

An insurer is still responsible for providing coverage, even though the insured failed to give it timely notice of an underlying lawsuit, according to South Carolina’s highest court. Phelps Associate Machaella Reisman discusses this recent decision.

We are thrilled to welcome Amanda J. Kujda and Michael Carrer to Phelps! With over two decades of experience, Amanda and Michael bring unparalleled skill in counseling energy and casualty insurers on liability and damages claims from start to finish. Their addition to our Houston office strengthens our ability to provide comprehensive advice on coverage and litigation strategies for insurers in the U.S. and London markets. Amanda expressed her enthusiasm, stating, "We are excited to join Phelps’ market-leading insurance group, which offers our clients a deep understanding of their coverage issues and disputes and resources to meet their needs." Both Amanda and Michael have a proven record of managing catastrophic losses in Texas and beyond, helping insurers navigate exposures and coverage issues. As companies face evolving challenges like regulatory changes, climate change, accidents and supply-chain disruptions, Phelps partners with insurers to manage and mitigate these risks. Join us in welcoming Amanda and Michael to the Phelps team! ?? Click here to learn more about our newest additions >> https://lnkd.in/eVwTZaes

Phelps secured a declaratory judgment and early dismissals for leading insurers in a case involving non-covered tornado damage. The court emphasized the insurer’s use of clear policy language limiting coverage to NHS-named storms and reinforced the standard of evidence needed to argue ambiguity.

A recent ruling from the U.S. Fifth Circuit raises critical questions for surplus lines insurers on the enforceability of arbitration agreements. Phelps lawyers Caroline Crosby and Greg Angelico discuss how the decision could impact insurers facing disputes in Louisiana.

As courts trend away from allowing insurers to recover defense costs for uncovered claims, clear-cut contracts can make the difference by establishing such right. Phelps’ lawyers Sara Nau and Scott Keffer outline how long-term precedent and recent rulings may impact insurers.

Florida’s Fourth DCA confirmed when and how insurers can use untimely notice of claims as a defense, though the requirement for proving harm is still to be decided. Phelps lawyers Michael Rinaldi and Austin Weinkauf outline how the ruling could impact claims handling.

Phelps is expanding its insurance and litigation abilities with the addition of George McCall, Sondra Rosebrock Sylva and Erin Turner to our Dallas/Fort Worth office! With extensive experience spanning U.S., Bermuda, London, Caribbean and European markets, the team is set to bolster Phelps’ capabilities in advising domestic and international #insurance companies and corporate clients on coverage and litigation matters. George, Sondra and Erin bring specialized skills in areas such as directors and officers liability, professional liability and #cyber liability policies. Welcome to the team! Learn more about our new attorneys here=> https://lnkd.in/gza7T25z