Maura McCarthy’s Post

All hands on deck! The Supreme Court recently upheld the choice of law clause. These clauses are becoming more prevalent in all insurance policies, not just maritime insurance policies, and significantly impact the policyholder’s rights after a loss. https://bit.ly/49FOykZ #insurance #maritime #policyholder #publicajuster #insuranceagent #claims

John Ewell has the latest #insurancecoverage updates, including the Supreme Court of the U.S. upholding the validity of choice of law provisions in maritime insurance policies, Connecticut mandating insurers to complete an annual #ArtificialIntelligence Certification, and various court rulings impacting insurance coverage in California, New York, South Carolina, and Maryland. Read more: https://lnkd.in/d57GTVRG #insurancelaw #legalnews

📢 Breaking Down the Debate: Florida courts are divided on the interpretation of the pre-suit notice law. Explore the key legal arguments in Smith v. Universal Property & Casualty Insurance Co. and what it means for property owners and insurers.

Did you know that warranties in insurance policies have significant coverage implications? There does not need to be a causal connection between an alleged breached warranty and the cause of a loss for such a breach to VOID policy coverage. It’s vital that we are identifying actual warranties in a policy, as opposed to weaker suggestions or loss prevention observations. When you are in the process of obtaining insurance coverage on a boat, pay close attention to the provisions it actually considers to be warranties.

Insurance tip of the day: In a rare instance of an insurance dispute making its way all the way to the U.S. Supreme Court, the Court recently released a unanimous opinion in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500, finding that choice-of-law provisions in maritime contracts (including marine insurance policies) are presumptively enforceable under federal maritime law, with narrow exceptions that were not applicable in the case before it. Raiders Retreat Realty, a Pennsylvania business, purchased a boat-insurance policy from Great Lakes Insurance. The policy included a choice-of-law provision that selected New York law to govern future disputes between the parties. After the boat ran aground in Florida, Great Lakes denied Raiders’ claim for coverage. The dispute that followed pertained to whether PA law should apply to support contract claims made by the insured. The Supreme Court held that there was an established federal maritime rule that choice-of-law provisions were presumptively enforceable and could not be disregarded due to another state's laws. Other than R&W policies, which are often negotiated with the assistance of attorneys, choice-of-law provisions in insurance policies are typically not given much attention by insurance professionals. Since it could ultimately prove beneficial for an insured to negotiate a favorable state choice-of-law, it may be worthwhile investigating favorable forums for a particular insurance policy. #insurancetips #jackhasyourback #ITCrisk

Our input on Marine Insurance War Risk can be found in the Article below. We are gladly open to discuss any topics related to Marine Insurance, so feel free to get in touch. https://lnkd.in/dn4ADYp6 #marineinsurance #cargoinsurance #shipinsurance #maritimeindustry #shippingindustry #shipping #maritime Yavor Velchev

In UK property insurance claims, the concept of proximate cause stands as a fundamental principle governing the determination of liability and coverage. Originating from legal doctrines dating back centuries, the proximate cause has evolved into a cornerstone of insurance law, shaping the assessment of claims and the allocation of responsibility. This blog delves into the concept of proximate cause, tracing its historical roots, evolution, and contemporary applications, and gives examples illustrating its pivotal role in the acceptance or refusal of insurance claims. https://lnkd.in/ermiz5ga

Know What Matters! This is an interesting read. Share your thoughts. No. 22–500. Argued October 10, 2023—Decided February 21, 2024 Great Lakes Insurance and Raiders Retreat Realty Co. entered a maritime insurance contract. Great Lakes was organized in Germany and headquartered in the United Kingdom, and Raiders was headquartered in Pennsylvania. The parties’ contract selected New York law to govern any future disputes. Raiders’ boat subsequently ran aground in Florida. Great Lakes denied coverage for the accident and filed a related declaratory judgment action in the U. S. District Court for the Eastern District of Pennsylvania. Raiders responded by advancing contract claims against Great Lakes under Pennsylvania law. The District Court enforced the choice-of-law provision in the parties’ contract and rejected Raiders’ Pennsylvania-law contract claims. The Third Circuit recognized the presumptive validity and enforceability of choice-of-law provisions in maritime contracts, but held that presumption must yield to a strong public policy of the State where a suit is brought. The Third Circuit remanded for the District Court to consider whether applying New York law would violate Pennsylvania’s public policy regarding insurance. "Trust, Truth, and Facts Matter" Our clients TRUST BCSI to tell the TRUTH about the FACTS obtained during our investigations – Call 954-873-1075 or Submit Your Assignment Today to assignment@mybcsi.com. #disputedclaims #insurancedisputes #appraisalprocess #appraisalassignments #umpire #umpireassignments #adr #cdr #insuranceclaims #commercialclaims #residentialclaims #litigationsupport #lossconsultants #buildingconsultants #claimscene #investigation #inspections #xactimate #estimates #xactimateestimates #truthinestimating #tie #trusttruthfactsmatter #ttfm #mybcsi “Dishonesty anywhere is a threat to Honesty everywhere” – 866-212-2247

🔥 IN STOCK: Marine Insurance: Law & Practice Covering essential topics such as insurance contracts, claims, and legal principles specific to marine insurance, this guide serves as a helpful tool for understanding the complexities of insuring maritime assets. ⚓ With insights into the practical application of insurance law within the maritime context, it equips readers with the knowledge necessary to navigate the intricacies of marine insurance effectively. BUY TODAY: https://bit.ly/44JoDao

Dissecting bad faith. Bad Faith by Your Insurer? When Do You Have to File a Bad Faith Lawsuit? | Property Insurance Coverage Law Blog https://hubs.ly/Q02HM_l00 #insurance #policyholder #badfaith #law