Articles by Andrew G. Simpson

‘Surface Waters’ on Roof Are Not ‘Flood’ Waters, Massachusetts High Court Rules

The highest court in Massachusetts has ruled that rainwater accumulation on roofs of buildings does not constitute “surface waters” within the meaning of “flood” in property insurance policies. The court found that the term “surface waters” in policies is ambiguous …

Amazon Worker Injured Due to Repetitive Tasks Loses Workers’ Compensation Bid

An Amazon distribution center worker in Virginia whose job entailed repetitive lifting and stowing of items all day and who suffered rotator cuff tears has been denied workers’ compensation benefits because she failed to prove her injury resulted from an …

Federal Appeals Court Upholds Dismissal of Manufacturer’s COVID-19 Claims

A Connecticut-based manufacturer has been denied another opportunity to seek $100 million in insurance coverage for business losses it claims it sustained because of the COVID-19 virus. Amphenol Corp.– a manufacturer of connectors, antennas, sensors, and high-speed specialty cable – …

Progressive Settles New York Case Over Unpaid Sales Taxes on Total Loss Claims

At the same time it is settling a New York class action about underpaying totaled loss claims for $48 million, Progressive Insurance, in a separate case, has agreed to an $18.3 million settlement over allegations that its carriers failed to …

GEICO to Pay $6 Million to Settle Auto Adjusters’ Claims of Unpaid Overtime Hours

Insurer GEICO has agreed to pay $6 million to settle claims by auto damage claims adjusters who allege the insurer failed to pay them for all hours they worked “off-the-clock.” The settlement affects 806 adjusters countrywide who worked for GEICO …

Progressive to Pay $48M to New York Drivers Over Underpaid Total Loss Claims

Progressive Insurance has agreed to a $48 million settlement with a class of 93,000 New York policyholders who claim the insurer underpaid their total loss claims on their vehicles. The $48 million represents approximately 54% of the compensatory damages alleged …

Jury Awards $68.5M to Family of Worker Who Fell to Death at Philly Construction Site

A Philadelphia jury has awarded $68.5 million in damages to the widow and son of a 38-year-old construction worker who was killed in 2021 in a fall from a fifth-floor balcony at a luxury townhouse site. Siarhei Marhunou’s widow, Hanna, …

Gang Member Who Led Violent Takeover of Fire Restoration Industry Sentenced

A gang leader who recruited other gang members and used violence, threats of violence, and extortion to take over the fire restoration business in New York City and defraud insurance companies has been sentenced to 12 years in prison. Jatiek …

Denial of House Fire Claim Upheld; Insureds Never Knew Their Policy Was Nonrenewed

A Connecticut Appeals Court has affirmed that an insurer is not obligated to provide actual notice of a home insurance nonrenewal; proof that the insurer sent the notice by registered or certified mail is sufficient. The homeowners claimed they never …

Supreme Court Backs NRA in First Amendment Claim Against New York Regulator

The U.S. Supreme Court has revived a claim by the National Rifle Association (NRA) that a former New York regulator allegedly violated the organization’s First Amendment rights by coercing insurers and banks to terminate their business relationships with the NRA …