Articles by Jim Sams

5th Circuit: Insurer Liable for Harvey Damage Despite ‘Creative’ Policy Language and ‘Legal Gotcha’

While Hurricane Harvey dumped 60 inches of rain on the Houston area in August 2017, the authority that operates the Lake Conroe Dam opened the floodgates to release water at a rate almost equal to the flow over Niagara Falls. …

D&O Insurer Ordered to Pay $12M in Dole Corp. Stockholder Flap

The Delaware Supreme Court ruled Wednesday that RSUI Indemnity Co. must pay $12,321,096 to Dole Corp. toward the cost of a legal settlement with former shareholders who alleged they were cheated out of potential profits when executives manipulated the stock …

Will 1st Anniversary of COVID-19 Shutdowns Spur New Wave of COVID Lawsuits?

The upcoming anniversary of COVID-19 shutdown orders may reveal whether a significant number of policyholders have been waiting on the sidelines before suing their insurers for business-interruption losses. Holding off on legal action may make sense, as insurers are winning …

Courts in N.Y., N.H. Rule Workers’ Comp Should Cover Marijuana Costs for Injured Workers

Courts in New York and New Hampshire have joined jurists in New Jersey in ruling that the cost of medical marijuana should be covered by state workers’ compensation systems. The New Hampshire Supreme Court on Tuesday overturned a decision by …

Judge Rules in Favor of 3 Policyholders With COVID-19 Claims in Consolidated Case

A federal judge denied Society Insurance’s motions to dismiss three “bellwether” lawsuits filed by hospitality businesses that were denied coverage for revenue lost because of COVID-19 public health orders. U.S. District Judge Edmond Chang in Chicago, who was assigned a …

Insurers Question Claims Process in Boy Scouts Bankruptcy

DOVER, Del. (AP) — The judge presiding over the Boys Scout of America bankruptcy is weighing a request by insurance companies for permission to serve document requests on 1,400 people who have filed sexual abuse claims and to question scores …

Texas Cold Snap May Spur Historic Number of Insurance Claims

The polar vortex that caused power outages across Texas for the past week also will bring more insurance claims than any event in the state’s history, the Texas Insurance Council said Thursday. “I hate to say the word ‘unprecedented’ but …

Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim

A New Orleans judge denied a motion for declaratory judgment that insurance coverage is owed to a restaurant for business income that was lost when it was required to close its dining room because of the COVID-19 pandemic. The lawsuit …

New Protocols Aim to Streamline Discovery in COVID Business-Interruption Lawsuits

An organization that advocates for a more efficient U.S. justice system has released a set of protocols that aims to guide discovery and speed resolution of litigation arising from business-interruption claims related to the COVID-19 pandemic. The Institute for the …

Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits

To anyone keeping score, it appears that insurers are crushing policyholders who sued for business income lost because of COVID-19 restrictions. As of Tuesday, insurers had won 147 motions for dismal or summary judgment in state and federal courts, according …