In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.

BatesCarey is proud to announce three new additions to the Illinois Super Lawyers and Rising Stars lists, totaling 18 named attorneys in 2022.

BatesCarey partner Agelo Reppas recently secured an important victory before the New York Appellate Division, Third Department, which unanimously upheld a judgment finding that two AIG insurers owe no coverage in connection with PFAS environmental contamination claims. Tonoga, Inc. v. New Hampshire Ins. Co., No. 532546, 2022 WL 52903 (N.Y. App. Div. Jan. 6, 2022).

BatesCarey is proud to announce that Abigail Rocap, Justin Seigler and Allyson Spacht have been elected as Partners, and Amanda Bushemi Buckley has been elevated to Special Counsel effective January 1, 2022.

The Supreme Court of Delaware has issued a groundbreaking insurance ruling destined to help define the fundamental bargain at the heart of commercial insurance coverage, and demonstrate why such coverage does not extend to public nuisance claims.  

BatesCarey attorneys Adam Fleischer, Lindsey Dean and Matthew Fortin represented State Automobile Mutual Insurance Company in establishing that, under Texas law, COVID-19 business income claims do not constitute “direct physical loss” and that COVID-19 restrictions did not result from any condition at the insured’s premises.

Under the U.S. Federal Rules of Civil Procedure, when a plaintiff invokes a federal court’s admiralty jurisdiction, the parties are not entitled to a jury trial. Applying this principle, a federal district court recently held that, when a policyholder defendant’s counterclaims to a maritime insurance coverage action invokes a separate basis for federal court jurisdiction, the defendant still does not have a right to a jury trial.

The 1851 Limitation of Liability Act allows qualifying vessel owners to limit their liability after maritime accidents. However, this statute imposes a time limit on vessel owners. Previously, the Fifth Circuit had held that this time bar was a jurisdictional rule, but earlier this month held that a U.S. Supreme Court case implicitly overruled an earlier case and the Limitation of Liability Act’s time bar is nonjurisdictional.

BatesCarey attorneys Adam Fleischer and Lindsey Dean obtained a ruling that BatesCarey’s insurer client owed no duty to defend or indemnify in connection with an underlying sexual abuse claim.

BatesCarey is proud to announce that the Women’s Bar Association of Illinois (WBAI) selected Kristi Nolley for the 2021 Top Women Lawyers in Leadership Award.