Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division...more
Today on Don't Take No For An Answer, Lynda A. Bennett and Alexander B. Corson discuss a recent Second Circuit decision that reinforces the importance of reading claims-made policies carefully. The case involves Tinder, the...more
Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a “Claim” made during the policy period. While this may sound like a...more
Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more
Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more
Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As...more
For nearly 100 years, courts across the country have followed the established majority view that an excess insurer may not avoid its coverage obligation by imposing technical requirements on the manner in which underlying...more
Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts...more
Today on the podcast, host Eric Jesse talks to Alex Corson about the life of a policyholder lawyer, what does it take to do battle with an insurance company, and how one decides to become an insurance recovery attorney. The...more
Claim disputes with insurers often turn on events occurring long before the loss itself. Insurers frequently deny coverage where they suspect that an insured may have had prior knowledge of events giving rise to a claim....more
The widely publicized U.S. Supreme Court case addressing Harvard University’s (Harvard) admissions practices not only concerns a significant constitutional issue but also serves as a cautionary tale for businesses and...more