John Ellison

John Ellison

Reed Smith

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Policyholders with Long-Tail Claims Under Liberty Mutual Policies Should Be Prepared for 'Sea Change' in Claims Handling After...

On July 17, 2014, Liberty Mutual Insurance Company announced that it had entered into a multi-billion-dollar “retroactive reinsurance” arrangement with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway,...more

7/21/2014 - Asbestos Berkshire Hathaway Liberty Mutual Insurance Company Long-Tail Claims National Indemnity Company Reinsurance

Rising Scrutiny of Kwashiorkor Claims Places Hospitals at Risk

Whistleblower lawsuits against health care providers have nearly doubled in the past five years, and have resulted in massive awards. According to the Department of Justice, the government recovered $4.3 billion from health...more

4/8/2014 - DOJ Healthcare Hospitals Whistleblowers

Disaster and Business Interruption Coverages in the Wake of the Polar Vortex

The “Polar Vortex” created severe cold weather conditions and record low temperatures across most of the United States. Many businesses suffered property damage or loss of business as a result of weather-related shut downs,...more

1/20/2014 - Business Interruption Insurers Natural Disasters Polar Vortex Property Damage

Protecting Your Insurance Rights As A Result of the West Virginia Chemical Leak

Last Thursday’s chemical leak in Charleston, West Virginia, has cut off water to nearly 300,000 people. Businesses in the area have been forced to close, and must remain closed until the city can decontaminate the water...more

1/15/2014 - Chemicals Contamination Drinking Water Hazardous Substances Water Water Supplies

Recent Developments in Additional Insured Coverage in Texas

As part of the ongoing insurance coverage dispute following the sinking of the Transocean offshore drilling unit Deepwater Horizon, the United States Court of Appeals for the Fifth Circuit has issued, and the Texas Supreme...more

10/22/2013 - Additional Insured Deepwater Horizon Gulf Oil Spill Offshore Drilling Transocean

Lennar Corp., et al. v. Markel Am. Ins. Co., No. 11-0394 (Tex. Aug. 23, 2013): Texas Supreme Court Affirms 'All Sums' Allocation...

On August 23, 2013, in Lennar Corp., et al. v. Markel Am. Ins. Co., the Texas Supreme Court issued an opinion that confirms two important aspects of pro-policyholder insurance law, despite insurers’ repeated attempts to...more

8/28/2013 - Construction Defects Construction Disputes Insureds Insurers Prejudice Voluntary Payments

Unprecedented Flooding in Alberta, Canada: Insurance Coverage for Property Damage, Loss of Business Income and Extra Expenses

Three days of unusually heavy rainfall has caused extensive flooding in Alberta, Canada. Calgary, the epicenter of Canada’s energy industry, was particularly hard hit, with flooding of the city itself and widespread loss of...more

7/1/2013 - Business Income Business Interruption Canada Flooding Insurers Loss Coverage Property Damage

New York Court of Appeals Embraces a More Policyholder – Friendly Stance on Insurer’s Duty to Defend

Policyholders received a boost of support from a New York Court of Appeals on Tuesday when the court held that an insurer is precluded from using policy exclusions as a means to escape its duty to indemnify a claim if it...more

6/18/2013 - Duty to Defend Indemnification Insurers Policy Exclusions

Texas Opens Door to Captive Insurance Options

Captive insurance companies may now be domiciled in Texas under a law signed by Gov. Rick Perry on Monday. Texas joins more than 30 other states that permit the formation and operation of various types of captive insurance...more

6/7/2013 - Captive Insurance Company Licenses New Legislation Premiums Risk Management Tax Deductions

CFPB Investigates Captive Mortgage Reinsurance

The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines...more

4/16/2013 - Captive Insurance Company CFPB Insurance Companies Investigations Lenders Mortgages Reinsurance RESPA

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more

4/2/2013 - CERCLA Contamination Duty to Defend Environmental Liability Insurers Pollution Exclusion

Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to...

On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access...more

3/27/2013 - Additional Insured BP Deepwater Horizon Gulf Oil Spill Liability Insurance Transocean

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more

2/6/2013 - CERCLA Contaminated Properties Discharge of Pollutants Duty to Defend Environmental Liability Insurers Pollution Exclusion Waste Treatment Facilities

13 Results
|
View per page
Page: of 1