High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business -
Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more
3/21/2016
/ Claims Made Policy ,
Co-Insurance Payments ,
Commercial General Liability Policies ,
Duty to Defend ,
Farms ,
Food Safety ,
Fraud ,
Indemnification Clauses ,
Innocent Insured ,
Insurance Industry ,
Late Notices ,
Malpractice Insurance ,
Marijuana Related Businesses ,
Pesticides ,
Prejudice ,
Rescission
Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage -
Why it matters: A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when...more
12/7/2015
/ Ambiguous ,
Commercial General Liability Policies ,
Condition Precedent ,
Construction Defects ,
Denial of Insurance Coverage ,
Faulty Workmanship ,
Insurance Litigation ,
Late Notices ,
Loss Coverage ,
Policy Exclusions ,
Property Damage
Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation -
Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more
11/5/2015
/ Advertising Injury ,
Applications ,
Breach of Contract ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Copyright ,
Copyright Infringement ,
Covenant of Good Faith and Fair Dealing ,
Cross Motions ,
D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Discovery ,
Duty to Defend ,
Food Recalls ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Heinz ,
Injunctive Relief ,
Insurance Litigation ,
Motion for Reconsideration ,
Motion for Summary Judgment ,
Omissions ,
Policy Exclusions ,
Policy Limits ,
Qui Tam ,
Right to Control ,
Trademark Infringement ,
Travelers ,
Treble Damages ,
Unfair Competition
Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water -
Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more
9/10/2015
/ Ambiguous ,
Breach of Duty ,
Choice-of-Law ,
Claims Made Policy ,
Commercial General Liability Policies ,
Duty to Defend ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Mold Litigation ,
Notice Requirements ,
Policy Exclusions ,
Reservation of Rights
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred -
Why it matters: Reversing its holding in a 2003 case, the Supreme...more
8/28/2015
/ Abatement ,
Asbestos Litigation ,
Attorney's Fees ,
Bad Faith ,
CA Supreme Court ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Commercial General Liability Policies ,
Consent Decrees ,
Consent to Assignment ,
Cumis Counsel ,
D&O Insurance ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
FDIC ,
Fluor ,
Hartford Casualty Ins. ,
Hartford Insurance Company ,
Indemnification ,
Insurance Litigation ,
Insureds ,
Liberty Mutual Insurance Company ,
Mitigation ,
Policy Exclusions ,
Receivership
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
7/16/2015
/ Appeals ,
Bad Faith ,
Breach of Contract ,
CERCLA ,
Commercial General Liability Policies ,
Counterclaims ,
D&O Insurance ,
Declaratory Relief ,
Duty to Defend ,
Duty to Settle ,
Environmental Protection Agency (EPA) ,
Homeowner's Insurance ,
Homeowners Association (HOA) ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Motion to Dismiss ,
Policy Exclusions ,
Policy Limits ,
Potentially Responsible Party (PRP) ,
Scope of Coverage ,
Scope of the Claim ,
Summary Judgment ,
TX Supreme Court
In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications -
Why it matters: Recognizing the “conflicting...more
7/3/2015
/ Attorney-Client Privilege ,
Bad Faith ,
Breach of Contract ,
Choice-of-Law ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Cross-Claims ,
Discovery ,
Due Diligence ,
False Advertising ,
Insurance Litigation ,
Misrepresentation ,
Motion for Reconsideration ,
Notice Requirements ,
Policy Exclusions ,
Summary Judgment ,
Work-Product Doctrine
No Policy? No Problem, The First Circuit Rules In A Coverage Dispute -
Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more
6/22/2015
/ Commercial General Liability Policies ,
Commercial Insurance Policies ,
D&O Insurance ,
E&O Policies ,
Exclusions ,
Insurance Industry ,
Investment Adviser ,
Lloyds of London ,
Policy Exclusions ,
Ponzi Scheme ,
Restaurant Industry
No Policy? No Problem, The First Circuit Rules In A Coverage Dispute -
Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more
Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance -
Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more
5/21/2015
/ Attorney-Client Privilege ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Liability Insurance ,
Pollution Exclusion ,
Privilege Waivers ,
Professional Service Exclusion ,
Settlement ,
Sun Capital Partners ,
Work-Product Doctrine
Policyholder Can Keep Selected Counsel, Court Rules; Insurers’ Objection Too Late -
Why it matters: A policyholder was able to maintain its selected defense counsel after a federal court judge ruled that the insurers’...more
4/23/2015
/ Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
Insurance Litigation ,
Mortgage Lenders ,
Policy Limits ,
Property Damage ,
TCPA ,
Unsolicited Faxes ,
Vacant Properties ,
Vandalism
California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage -
Why it matters: In a victory for policyholders—and a continuation of the trend of courts adopting a broad reading of the term “occurrence”...more
South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations -
Why it matters:
A federal court in South Carolina ruled that absent a showing by an insurer...more
Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer -
Why it matters:
In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more
11/6/2014
/ Attorney-Client Privilege ,
Breach of Duty ,
Commercial General Liability Policies ,
Contaminated Properties ,
Data Breach ,
Discovery ,
Duty to Defend ,
Malpractice Insurance ,
PF Chang's ,
Reinsurance ,
Transvaginal Mesh ,
Travelers ,
Unfair or Deceptive Trade Practices
D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs:
Why it matters -
In an important victory for directors and officers of a bankrupt company, a New York court...more
9/26/2014
/ Bad Faith ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Corporate Officers ,
D&O Insurance ,
Directors ,
Excess Policies ,
Litigation Fees & Costs ,
Reservation of Rights ,
Securities Litigation ,
TCPA
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”:
Why it matters -
A federal district court in Texas strictly construed a pollution exclusion in...more
9/23/2014
/ Bodily Injury ,
Commercial General Liability Policies ,
Default Judgment ,
Electronic Medical Records ,
Environmental Remediation Costs ,
Hazardous Substances ,
Independent Counsel ,
Medical Records ,
Notice Requirements ,
Oil & Gas ,
Pipelines ,
Policy Exclusions ,
Pollution Exclusion ,
Putative Class Actions ,
Toxic Exposure ,
Trademark Litigation ,
Travelers Property Casualty Co. ,
Trucking Industry ,
Zurich America Insurance Co.
Washington Supreme Court Rules That It Was Error To Delay Adjudication Of Insurer’s Duty To Defend, But Should Stay Discovery As To Insurer’s Coverage Defenses -
Why it matters:
The Washington Supreme Court...more
Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage -
Why it matters:
In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more
Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims:
Why it matters -
We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more