Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more
11/8/2017
/ Basketball ,
Class Action ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Invasion of Privacy ,
Policy Exclusions ,
Policy Terms ,
Sports ,
TCPA ,
Text Messages
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more
Willful misconduct is uninsurable. It is a fundamental principle of insurance, and it makes sense to both the lay and the lawyerly. But few states go as far as to codify this principle in the insurance code. California is an...more
4/3/2017
/ AIG ,
Denial of Insurance Coverage ,
False Claims Act (FCA) ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Office Depot ,
Policy Exclusions ,
Public Policy ,
Qui Tam ,
Whistleblowers ,
Willful Misconduct
As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more
9/19/2016
/ Breach of Contract ,
Commercial General Liability Policies ,
Condominiums ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Faulty Workmanship ,
Insurance Industry ,
NJ Supreme Court ,
Policy Exclusions ,
Popular ,
Property Damage ,
Subcontractors