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Policy Terms Defense Strategies

Lowenstein Sandler LLP

When You’re Close to Settlement but Your Insurer is Entrenched: How Policyholders Can Make it Over the Finish Line

Lowenstein Sandler LLP on

Today on “Don't Take No for an Answer,” hosts Lynda A, Bennett and Eric Jesse discuss what they see as an increase in insurers acting in bad faith trying to avoid their coverage obligations, with more roadblocks, more...more

Presley & Presley

December Bad Faith Update: No Request for Defense, No Coverage Problem

Presley & Presley on

With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more

Butler Weihmuller Katz Craig LLP

When the “Made Whole” Doctrine Isn’t a Defense to Subrogation

In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a...more

Cozen O'Connor

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California

Cozen O'Connor on

Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more

Carlton Fields

Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals

Carlton Fields on

The question of what constitutes a “securities claim” in the context of public company D&O policies is often debated in insurance coverage disputes, and the answer to this question can have significant effects on the scope of...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims

Cozen O'Connor on

In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more

Pillsbury - Policyholder Pulse blog

Delaware Court Adopts Pillsbury’s Theories on Novel D&O Insurance Issues (Part 2)

Previously, we reported an important ruling of first impression by the Delaware Superior Court that a shareholder appraisal action against Pillsbury’s client Solera Holdings Inc. was a “Securities Claim” under Solera’s...more

Carlton Fields

Class Certification Denied in Universal Life “Risk Rates” Litigation

Carlton Fields on

Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more

Pillsbury - Policyholder Pulse blog

As Patent Defense Insurance Evolves, So Must Your Coverage

The world of patent defense insurance is evolving. What once was governed by a routine part of the “advertising liability” section of the Commercial General Liability policy is now the focus of specialized insurance products,...more

Payne & Fears

How Insurers Try To Limit Coverage For Punitive Damages

Payne & Fears on

Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise. However, there are circumstances in which punitive damages may be covered, and some insurers...more

Farella Braun + Martel LLP

The Ramifications of a Less-Than-Thorough Investigation

An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Holds that Insurer’s Payment to Insured’s Independent Counsel Erodes Policy Limits

A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your...more

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