News & Analysis as of

Insurance Litigation Policy Terms Liability Insurance

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

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This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

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In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

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Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

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Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Farella Braun + Martel LLP

Insurance for Non-Insurance Attorneys: How do I know which liability policies respond to claims against my clients?

It depends on the nature of the claim against the insured and the type of coverage at issue. Liability insurance policies are broadly understood as either "occurrence" policies or "claims-made" policies, and each has a...more

Foley Hoag LLP

Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

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Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy...more

Jenner & Block

Client Alert: Recent Developments Construing “Claims” in the Context of Insurance Coverage for Government Investigations

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Government investigations are costly, requiring companies and individuals to expend significant financial resources to comply with, or challenge, the government’s requests. In these situations, where a company or an...more

Sheppard Mullin Richter & Hampton LLP

Failure to Timely Produce in Discovery Underlying Written Contract with Insured Prevented General Contractor from Establishing...

Voyager Indemnity Insurance Company (“Voyager) issued a commercial liability insurance policy to MRB Construction, Inc. (“MRB Construction”), a framing subcontractor. As is common with such policies, MRB Construction’s policy...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

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In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Woodruff Sawyer

Does a Personal Umbrella Policy Cover a Trustee?

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If you have been asked to serve as a trustee, you no doubt have questions about the duties and responsibilities of the role. You also should be clear on your trustee insurance coverage. Unfortunately, some confusion exists...more

Goldberg Segalla

California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

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Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims...more

Conn Kavanaugh

No Case is Too Big to Notify a Claims-Made Insurer

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A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational...more

Quarles & Brady LLP

2021 Wisconsin Insurance Case Law Year in Review

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Every year, Quarles & Brady’s Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. We then summarize the cases to keep you informed of developments...more

Miller Nash LLP

Third Circuit Finds That Allegation of False Comparative Advertising Triggers Duty To Defend

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Most commercial liability policies provide what is known as “personal and advertising injury” coverage, which usually provides coverage for claims that an insured’s advertising defamed or disparaged another person’s or...more

Woodruff Sawyer

What Does a Billion-Dollar Verdict Mean for Casualty Insurance Buyers?

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Frequency of severity is back. Insurance buyers need to approach excess casualty renewals carefully to mitigate for loss trends and take advantage of a changing insurance market....more

Butler Weihmuller Katz Craig LLP

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences?

An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences that may be triggered under the policy. ...more

Butler Weihmuller Katz Craig LLP

"Common Sense" Conquers "Creative Pleading," as the Eleventh Circuit Applies Narrow Exception to Florida's "Four-Corners" Rule to...

On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve an insurer of its duty to defend in BBG Design Build, LLC v. Southern Owners Insurance Company. In...more

Cozen O'Connor

Observations on Erie Insurance Exchange v. Moore: A Misapplication of Precedent

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The duty to defend is a critical threshold determination in all liability coverage disputes. The Pennsylvania Supreme Court has provided a clear and consistent directive on the issue: facts alleged in the complaint control...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Pillsbury Winthrop Shaw Pittman LLP

How Far Does Your Sexual Abuse Liability Coverage Extend?

If faced with continuous injury claims based on past acts of sexual abuse, will an insured’s general liability policies with sexual abuse coverage defend? Purchase insurance that is carefully focused on the risks your...more

Carlton Fields

Court Dismisses Reinsurance Litigation in Favor of Prior Pending Action

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The plaintiffs, U.S. Fire Insurance Co. and North River Insurance Co., issued 12 umbrella and excess umbrella liability policies for a combined coverage of $244 million to a manufacturer of respiratory protection equipment...more

Carlton Fields

When Should an Insurer Deny Coverage? The Second Circuit Provides Guidance on What Constitutes a Reasonable Time by Which to Deny...

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Under New York law, a liability insurer is required to deny coverage for bodily injury resulting from an auto accident “as soon as is reasonably possible.” N.Y. Ins. Law § 3420(d)(2). The Second Circuit recently shed light on...more

Gray Reed

Texas Supreme Court to Consider Macondo Blowout Insurance Dispute

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The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more

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