Workplace Injury, Denial of Insurance Coverage, Insurance Industry

Carrier’s Failures Create Coverage

Presley & Presley on 7/30/2024

Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

Carlton Fields on 1/25/2018

This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

Carlton Fields on 7/25/2017

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

Nossaman LLP on 8/11/2016

Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On...more

Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

Carlton Fields on 8/1/2016

Moral hazard (one of this blog’s preoccupations) usually comes up in disputes over the scope of coverage under an insurance policy. But state legislatures often address it, too—for example, by imposing limits on agreements...more

Workplace Injury › Denial of Insurance Coverage › Insurance Industry

Carrier’s Failures Create Coverage

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

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