Joan Cotkin

Joan Cotkin

Nossaman LLP

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When Can a CGL Policy Do a Disappearing Act?

In Evanston Insurance Company v North American Capacity Company, 2014 U.S. LEXIS 92682, Evanston Insurance Company sued in U.S. District Court to seek contribution from North American Capacity Insurance Company where both...more

7/14/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Disputes Self-Insured Retention Provisions

Policyholders Fight to Preserve Precedent But Court Limits Coverage For Implied Disparagement

On June 12, 2014, the California Supreme Court, in Hartford Casualty Ins. Co. v. Swift Distribution Inc. 59 Cal. 4th 277 (2014), issued its long awaited opinion affirming an appeal of a ruling that at first blush appeared to...more

7/3/2014 - Advertising Advertising Injury Commercial General Liability Policies Disparagement Hartford Casualty Ins.

When Is a Construction Defect a Mere Business Risk and Not Insurable?

In an unpublished appellate decision from the state of Washington, on May 5, 2014, the Washington Court of Appeals affirmed a summary judgment in favor of a CGL insurer, Western National Assurance, relieving it of any...more

7/2/2014 - Commercial General Liability Policies Construction Defects Duty to Defend Policy Exclusions

Policyholders Must Be Vigilant for Construction Defect Exclusions, Including For Impaired Property to Combat Insurance Companies’...

Continuing the most recent trend in coverage litigation, insurance companies are increasingly engaging “Big Law” firms to develop legal arguments for narrower interpretation of their policies when troublesome claims threaten...more

7/2/2014 - Commercial General Liability Policies Construction Defects Construction Litigation Insurance Companies Policy Exclusions Property Damage

Justices Mulling Whom Insurers Can Sue for Reimbursement

Insurance companies hate paying to defend claims they believe may not be covered - especially where the defense fees are significant. But when they do pay for the defense of claims they feel they should not have to...more

5/28/2014 - Hartford Casualty Ins. Insureds Insurers Reimbursements

Time To Reconsider The Assignability Of Certain Claims

If an insurance company refuses to settle a claim, once liability has become reasonably clear and there is an opportunity to settle within limits, the defending insurer runs the risk of an excess verdict. Once the verdict is...more

5/16/2014 - Assignments Bad Faith Breach of Contract Covenant Not to Sue Denial of Benefits Excess Policies

Policyholders Fight To Preserve Precedent

In a case pending before the state Supreme Court, Hartford Casualty Ins. Co. v. Swift Distribution Inc., S207172, it seems the entire insurance industry has lined up in an effort to convince the high court that the rules...more

1/14/2014 - Disparagement Duty to Defend Hartford Casualty Ins. Insurers Patent Infringement Patents Trade Libel

When Can Insurance Companies Sue Their Coverage Lawyers?

Insurance coverage lawyers are sometimes called upon to serve as expert witnesses on the standards of practice applicable to coverage attorneys engaged by insurers to provide coverage advice. ...more

5/26/2013 - Attorney Malpractice Coverage Counsel Expert Witness Insurance Companies Legal Ethics Professional Liability Standard of Care

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