Robert Shulman

Robert Shulman

Manatt, Phelps & Phillips, LLP

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Latest Publications


Insurance Recovery Law - August 2014

“Contractual Liability” Exclusion Applies Only To An Insured’s Assumption of Another’s Liability - Why it matters: The Michigan Court of Appeals joined the majority of courts nationwide in holding that a...more


Insurance Recovery Law - July 2014 #3

Washington Supreme Court Rules That It Was Error To Delay Adjudication Of Insurer’s Duty To Defend, But Should Stay Discovery As To Insurer’s Coverage Defenses - Why it matters: The Washington Supreme Court...more

7/31/2014 - Banks Commercial General Liability Policies Coverage Defense D&O Insurance Discovery Duty to Defend Excess Policies FDIC Insurers

U.S. Bank Wins Coverage Under Delaware Law For $55 Million Overdraft-Related Settlement

Three class actions were filed against U.S. Bank in 2009 with identical allegations. The plaintiffs claimed that instead of applying transactions in chronological order, the bank posted transactions from the highest amount to...more

7/22/2014 - Banks Class Action Overdraft Fees Settlement U.S. Bank National Association

Insurance Recovery Law - July 2014 #2

U.S. Bank Wins Coverage Under Delaware Law For $55 Million Overdraft-Related Settlement - Why it matters: In a victory worth tens of millions of dollars, a Minnesota federal court ruled that U.S. Bank is...more

7/17/2014 - Class Action EPA Excess Policies Insolvency Insurers Overdraft Fees Policy Exclusions Restitution Settlement US Bank

Insurance Recovery Law - July 2014

Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage - Why it matters: In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more

7/3/2014 - Commercial General Liability Policies D&O Insurance Depreciation Duty to Defend ERISA Insurers Notice Requirements Policy Exclusions Property Valuation Trademark Litigation

Insurance Recovery Law - June 2014

Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims: Why it matters - We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more

6/5/2014 - Choice-of-Law Clinical Laboratories Commercial General Liability Policies Defamation Diagnostic Tests FCA Liability Insurance TCPA Whistleblowers

Insurance Recovery Law - May 2014

New York Court Strictly Applies Draconian Policy Language, Holding Excess Coverage Forfeited By Settling With Underlying Insurers For Less Than Policy Limits - Why it matters: A New York appellate court has...more

5/22/2014 - Appellate Rules Discharge of Pollutants Excess Policies Exclusions Exxon Mobil Insurers Judicial Settlement Agreements Non-Judicial Settlement Agreements Policy Exclusions

Insurance Recovery Law - May 2014

Policyholder Entitled to Select Counsel, Even Where Insurer Withdrew Reservation of Rights - Why it matters: An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its...more

5/12/2014 - D&O Insurance Guilty Pleas Homeowner's Insurance Independent Counsel Insureds Insurers Notice Requirements Reservation of Rights

Insurance Recovery Law

Horizontal Exhaustion Not Required for Excess Policies in New York - Why it matters: A Delaware superior court recently predicted that New York’s highest court would not require policyholders to horizontally...more

4/25/2014 - Asbestos Excess Policies Horizontal Exhaustion Doctrine Long-Tail Claims Umbrella Policies

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth...more

3/27/2014 - Duty to Defend Indemnification Policy Exclusions Recovery Laws

Insurance Recovery Law - Feb 26, 2014

Fourth Circuit Allows Punitive Damages Against Insurer For Bad Faith Despite Lack Of Actual Damages - Why it matters: A policyholder is not required to prove ascertainable damages to be entitled to an award of...more

2/27/2014 - Bad Faith Insurers Punitive Damages Recovery Laws

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

1/31/2014 - Antitrust Litigation CERCLA Collateral Estoppel Environmental Liability Excess Policies Indemnification Insureds Recovery Laws Subrogation Vulcan Construction Materials

Insurance Recovery Law -- Jan 17, 2014

N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy - Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more

1/17/2014 - Flood Insurance Hurricane Sandy Insurers Natural Disasters Property Damage Recovery Laws

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