The Complex Insurance Coverage Reporter

ARBITRATION

S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024)

Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving courts there of “the jurisdiction or venue of action against the insurer” would void an arbitration provision in a surplus lines policy. According to the court, it was “settled” that arbitration agreements were unenforceable under statute until a 2020 amendment (Subsection (D)) authorized surplus lines insurers to include forum and ... Continue Reading

Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch.

As our picks for “Cases to Know” indicate, 2019 was not a slow year in the insurance coverage arena. The decade ended with decisions in some closely monitored cases on a variety of issues like the “duty to settle,” employee claims adjuster liability for “bad faith,” and the so-called “unavailability of insurance” exception. You can read about these and other developments below.

Looking forward, five ... Continue Reading