A recent Mississippi case reminds commercial and residential policyholders alike of the importance of updating insurance coverage when circumstances change to avoid a coverage dispute or the loss of coverage altogether....more
On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more
In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more
1/31/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Department of Environmental Protection ,
Drinking Water ,
Duty to Defend ,
Environmental Violations ,
Insurance Industry ,
Insurance Litigation ,
Notice of Violation ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Reversal ,
Statutory Violations ,
Umbrella Policies ,
Water Pollution
Informed insureds know the importance of notifying their primary insurer of an occurrence or a claim. But notice to the primary layer often does not suffice. If the plaintiff’s demand exceeds the limits in the primary...more
8/24/2019
/ Appeals ,
Car Accident ,
Commercial General Liability Policies ,
Construction Industry ,
Duty To Notify ,
Excess Policies ,
Insurance Litigation ,
Laches ,
Summary Judgment ,
Totality of Circumstances Test ,
Umbrella Policies
A recent Minnesota coverage decision provides guideposts for a commercial policyholder’s proper handling of an insurance claim as well as a cautionary tale regarding an excess insurer’s attempt to readjudicate liability in a...more
Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more
2/8/2017
/ Applications ,
Breach of Contract ,
Commercial Insurance Policies ,
Corporate Counsel ,
Defense Strategies ,
Denial of Insurance Coverage ,
Failure To Disclose ,
Failure to Report ,
Insurance Claims ,
Insurance Litigation ,
Material Misrepresentation ,
Rescission ,
Risk Mitigation ,
Standard of Review