Michael R. Kelley

Michael R. Kelley

McNees Wallace & Nurick LLC

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Is that Covered? Reservation of Rights Letter

If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim...more

10/16/2014 - Insurers Reservation of Rights

Is That Covered? "Additional Insured" Coverage for Claims Brought by Employees of Named Insured

Consider this common scenario: Big Shopping Mall owns the local shopping development and leases stores to multiple tenants, including the Popular Chain Restaurant. An employee of the Popular Chain Restaurant, Bob Suzealot, ...more

10/8/2014 - Additional Insured Commercial General Liability Policies Commercial Leases Employer Liability Issues Policy Exclusions Third-Party Liability

Is That Covered? Life Insurance for sick infant (fair warning - this is an emotional one)

Imagine you, as grandparents, had planned for months to purchase a life insurance policy on your soon-to-be-born-grandchild. You intended it as a gift to your daughter and her husband. But, your grandchild is born with a...more

9/29/2014 - Life Insurance

Is That Covered? Insurer Refusal to Pay for Full Property Loss May Be Bad Faith

If you or your clients have ever had the experience of submitting a claim to an insurance company, you probably know how difficult it can be to get the insurance company to pay the full amount of damages. Even if the company...more

9/12/2014 - Appraisal Bad Faith Insurers Policy Exclusions Property Damage

Insurance Coverage for Data Breaches - What Every Business Needs to Know

According to FBI Director Robert Mueller, "there are only two types of companies: those that have been hacked and those that will be…." Computer hackers stealing our personal information (social security numbers, bank...more

6/3/2014 - Cyber Insurance Cybersecurity Data Breach Data Protection Popular

Insuring Your Business - March 2014

In This Issue: - Is That Covered? Timely Reporting of Food Claims - Business Interruption Coverage for Food Recall Claims - Excerpt from Is That Covered? Timely Reporting of Food Claims - When food...more

3/7/2014 - Business Interruption Commercial General Liability Policies Food Manufacturers Food Recalls Food Safety

Insuring Your Business - March 2014: Business Interruption Coverage For Food Recall Claims

Most insurance coverage is aimed at accidental losses. Policyholders are generally on their own when it comes to economic losses. One important exception to this rule is coverage for business interruption losses. When...more

3/6/2014 - Business Interruption Commercial General Liability Policies Food Recalls

Insuring Your Business - March 2014: Is That Covered? Timely Reporting of Food Claims

When food producers and distributors are faced with a product recall, one of the most common questions is: How soon, if at all, do you report the claim to your insurance company? The answer is simple—you should be reporting...more

3/5/2014 - Distributors Food Contamination Food Manufacturers Food Recalls Food Safety

Reviewing Your Business Insurance Program: Not Every Business Does It, but Every Business Should

An effective insurance program is vital for every business. But how much coverage do you need? Are there holes in your coverage? How can you save money on insurance premiums? An insurance audit or review can answer...more

2/10/2014 - Commercial General Liability Policies

Is That Covered? Business Insurance Audit

Does your business client have the right amount of liability insurance coverage? What is a co-insurance penalty? Is your client covered for a product recall? What is cyber liability coverage and should your client have it?...more

1/3/2014 - Commercial General Liability Policies Cyber Insurance D&O Insurance Professional Liability

Is That Covered?

If the long-term predictions prove to be true and we have a snowy Winter in 2013-14, policyholders may be faced with the issue of whether insurance covers damage to a business facility or home due to a roof collapse from the...more

1/2/2014 - Homeowner's Insurance Loss Coverage Loss of Income Property Insurance

Insuring Your Business - December 2013

In This Issue: Is That Covered? Food Recall Claims and Insurance Coverage for Food Claims: Communicating with Your Insurance Company Excerpt from Is That Covered? Food Recall Claims - Insurance Premiums...more

12/19/2013 - Food Manufacturers Food Recalls Food Safety

Insuring Your Business - December 2013: Insurance Coverage for Food Claims: Communicating with Your Insurance Company

One of the most frustrating aspects of dealing with a food insurance claim can be communicating with your insurance company adjuster. Knowing your insurance company’s obligations to you can help reduce the frustration....more

12/18/2013 - Claim Denial Letters Insurers Investigations Premiums

Insuring Your Business - December 2013: Is That Covered? Food Recall Claims

Insurance Premiums represent the third or fourth highest business expenses for most food manufacturers and distributors. But, even with all of those premium expenses, many food producers and distributors find that their food...more

12/17/2013 - Business Interruption Commercial General Liability Policies Food Recalls

Is That Covered? Holiday Parties

Let's say that you are having a Holiday party (with alcohol served) at your home, or you are a business owner and have a voluntary "company" party for your employees. If someone becomes "visibly intoxicated" at your party,...more

12/16/2013 - Commercial General Liability Policies Holiday Parties

Insuring Your Business - September 2013

In This Issue: “Wrongful Acts” and the Jerry Sandusky Scandal and Insurance Spotlight: Management Liability Insurance Excerpt from “Wrongful Acts” and the Jerry Sandusky Scandal - It has been said that...more

9/5/2013 - Insurers Jerry Sandusky Liability Liability Insurance Management Liability Insurance Prior Wrongful Acts

Insurance Spotlight: Management Liability Insurance

If a company files for bankruptcy, allegedly as a result of mismanagement, are claims brought by the bankruptcy trustee against the former management of the company covered by insurance? The answer is yes, if the...more

9/4/2013 - Commercial Bankruptcy Insurers Management Liability Insurance

Insuring Your Business - September 2013: “Wrongful Acts” and the Jerry Sandusky Scandal

It has been said that “Hard cases make bad law.” On March 1, the Federal District Court for the Middle District of Pennsylvania ruled that Jerry Sandusky is NOT entitled to insurance coverage under the Second Mile’s...more

9/3/2013 - Attorney's Fees Insurers Jerry Sandusky Liability Insurance Prior Wrongful Acts

Top Ten Mistakes Businesses Make Regarding Insurance

10. No Flood Insurance - The standard commercial property policy does not cover flood damage. To be covered for flood damage, a business owner has to purchase a separate flood insurance policy. Flood insurance is not...more

8/6/2013 - Employer Liability Issues Employment Practices Liability Coverage Flood Insurance Insurers

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

8/6/2013 - Business Development Business Formation Business Ownership Choice of Entity Corporate Governance Entrepreneurs Insurers Small Business Small Business Formation Startups

Is That Covered? Management Liability Insurance

If a company files for bankruptcy, allegedly as a result of mismanagement, are claims brought by the bankruptcy trustee against the former management of the company covered by insurance?...more

6/27/2013 - Insurers Management Liability Insurance Trustees

Insuring Your Business -- June 2013

In This Issue: How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance. Excerpt from How Long Should I Keep My Insurance Policies? - Policyholders often ask,...more

6/24/2013 - Auto Insurance Contract Litigation Insurance D&O Insurance Data Retention Errors and Omissions Policy Insurers Occurrence Professional Liability Umbrella Policies

How Long Should I Keep My Insurance Policies?

Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more

6/20/2013 - Auto Insurance Claims Made Policy Commercial General Liability Policies D&O Insurance Data Retention Errors and Omissions Policy Excess Policies Homeowner's Insurance Insurers Occurrence Professional Liability Statute of Limitations

Is That Covered? Tanker Fire

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

5/13/2013 - Liability Negligence Trucking Accident

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

4/11/2013 - Commercial General Liability Policies D&O Insurance Errors and Omissions Policy Insurers Occurrence Professional Liability

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