certified question News

5th Circuit Asks Whether Oilfield Law Protects Contracts for Work on Salt Mines

A federal appellate court is asking the Louisiana Supreme Court whether a law that was passed to protect oilfield contractors from demands by big oil companies that they be indemnified for their own mistakes also applies to contractors who work …

Insurer’s Failure to Cancel Motor Carrier’s Insurance Certificate Did Not Continue Coverage

Coverage from a commercial auto policy does not remain in effect after the policy’s expiration date merely because the insurer failed to give proper notice to the Department of Motor Vehicles that it was canceling a certificate of insurance, the …

5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

A federal appellate court, grappling with conflicting decisions from federal courts, is asking the Texas Supreme Court to decide whether attorney fees can be awarded to claimants when insurers pay appraisal awards plus interest owed because of the late payment. …

Another COVID-19 Business-Interruption Question Goes to Calif. Supreme Court

A federal appellate court is again asking the California Supreme Court to resolve a question about insurance coverage for COVID-19 business shutdowns — this time only on a narrow issue about a virus exclusion. A panel of the 9th Circuit …

Mass. Supreme Asked if Insurer Must Reimburse Costs that Prevented Larger Claim

Ken’s Foods says it spared its insurer a potential $10 million pollution claim by spending more than $2 million on mitigation costs. It wants that money back. Steadfast Insurance Co. refuses to pay, saying that the policy it issued to …

Viewpoint: Ohio at Epicenter in Quest for COVID-19 Business Interruption Cover

In our original first alert about COVID-19 business interruption insurance coverage that we authored at the pandemic’s outset, we predicted extreme rigidness by insurance companies and coverage denials galore. Regrettably for policyholders, our prediction came true, with myriad insurance coverage …

After Refusing $30K Settlement Offer, Bad Faith Suit May Cost GEICO $2.7M

More than eight years after Bonnie Winslett tore up and threw away a summons that notified her she was being sued, the Georgia Supreme Court is being asked to resolve questions of law that will determine whether GEICO Indemnity Co. …