PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
  • Subscribe
You are here: Home / Archives for Nicole Stone

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

May 2, 2025 by Nicole Stone

If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims. In McGranahan v. Geico Indemnity Co., Michael McGranahan appealed a California district court’s order against him that granted Geico’s motion for summary judgment. In the district court, McGranahan asserted that Geico breached the implied covenant of good faith and fair dealing ... Keep Reading »

Georgia Appellate Court Finds Insurer’s Intended Acceptance of Presuit Settlement Offer Invalid, As Check Was Issued Earlier Than Time Specified by Claimant

July 24, 2023 by Nicole Stone

In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant Kyndyl Banks. The central question for both motions was whether a binding presuit settlement agreement existed between the parties under Georgia’s 2021 presuit demand statute (O.C.G.A. § 9-11-67.1). In February 2021, Pierce was involved in a motor ... Keep Reading »

Mass. Court Holds Unprovoked Attack Not “Physical Abuse” Within Meaning of Abuse and Molestation Exclusion

April 17, 2023 by Nicole Stone

In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its interpretation of what constitutes “physical abuse” in the context of an abuse and molestation exclusion as it applies to the insured’s unprovoked attack on an individual. The facts regarding the unprovoked attack by the insured, William Brengle, on Leonard ... Keep Reading »

Massachusetts Federal Court Affirms Coverage Disclaimer Based on Excess Carrier’s Strict Enforcement of Notice Requirement

December 16, 2022 by Nicole Stone

In President and Fellows of Harvard College v. Zurich American Insurance Company, the U. S. District Court for the District of Massachusetts discussed the basis for its strict enforcement of an excess insurance policy’s notice requirement. Harvard sought coverage from its excess insurer, Zurich, under a “claims-made-and-reported insurance policy” for an underlying lawsuit against Harvard regarding challenges to its admission policies. The underlying suit was filed in ... Keep Reading »

Carlton Fields Logo
A blog focused on legal developments in the property-casualty industry by the attorneys of Carlton Fields.

Get Weekly Updates!

Send Me Updates!

Focused Topics

  • Additional Insured
  • Bad Faith
  • Business Interruption
  • Class Action
  • Construction/Builder’s Risk
  • Coronavirus / COVID-19
  • Cybersecurity
  • Declaratory Judgment
  • Duty to Defend
  • Environmental
  • Flood
  • Homeowners
  • Occurrence
  • Pollution/Pollutant
  • Property
  • Regulatory
  • VIEW ALL TOPICS »

Recent Articles

  • Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle
  • Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law
  • Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields

  • carltonfields.com
  • Practices
  • Industries
  • ExpectFocus Magazine

Related Industries/Practices

  • Insurance
  • Financial Lines Insurance
  • Property & Casualty Insurance
  • Financial Services & Insurance Litigation

About PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
© 2014–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · All Rights Reserved · Privacy Policy · Disclaimer

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions. Web Design by Espo Digital Marketing