Phelps Dunbar Insurance

In a recent decision, Florida’s Fourth District Court of Appeal upheld a bad faith ruling against Safeco Insurance Co. for failing to settle a 2007 auto accident claim within its policy limits. The case highlights the importance of insurers fulfilling their good faith obligations by negotiating settlements that address clearly covered claims, even if uncovered claims remain unresolved. This decision serves as a critical reminder for insurers to ensure clear understanding of settlement terms with their insureds to avoid excess judgments and potential bad faith litigation. Phelps counsel Mallory Thomas breaks down this ruling and how insurers operating in Florida should take note of this significant case. Read the full article here>> https://lnkd.in/gmFWxUzt

Arbitration clauses in Louisiana insurance policies are under scrutiny. The Louisiana Supreme Court's recent ruling clarifies that insurers cannot generally enforce arbitration provisions in policies issued in the state, except in limited circumstances. The Court's decision in Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co. highlights that amendments to La. R.S. § 22:868(D) do not override the prohibition of arbitration clauses, and La. R.S. 9:2778 applies to all public contracts, including insurance. This ruling impacts insurers and policyholders, especially regarding policies issued to the state or its subdivisions. Phelps attorneys Caroline Crosby, CIPP/US and Jay Knighton explore these changes and their implications for the insurance industry. Learn more to stay informed here>>https://lnkd.in/gp2ka5vv

As Florida starts to rebuild after the impacts of hurricanes Milton and Helene, claims adjusters should know about the newest estimate rules. Both insurance company and public adjusters face new requirements under the state's latest emergency rule. ? The rule requires adjusters to use certain software to estimate property damage for Milton and Helene claims. They'll need to produce detailed reports matching repair costs with current market prices and meet new conditions to make any changes to estimates. ? Keep reading for steps adjusters need to take to comply with the emergency rule in our latest insurance alert, written by Phelps lawyers Bo Williams and Matthew Hambrick >> https://lnkd.in/gvFM_a45

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.