Robert Shulman

Robert Shulman

Manatt, Phelps & Phillips, LLP

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Insurance Recovery Law -- December 2014 #2

Ammonia Release Constitutes “Direct Physical Loss” Under Policy - Why it matters: A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown for...more

12/18/2014 - Common-Interest Privilege Contaminated Properties Loss Coverage Toxic Exposure

Insurance Recovery Law -- December 2014

Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker - Why it matters: An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more

12/8/2014 - Appeals Attorney's Fees Breach of Contract Duty to Defend FDA Flooding Food Manufacturers Food Recalls Food Safety Injunctive Relief Insurance Brokers Jury Awards Jury Verdicts Property Damage Risk Assessment

Insurance Recovery Law -- November 2014 #2

South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations - Why it matters: A federal court in South Carolina ruled that absent a showing by an insurer...more

11/21/2014 - Attorney's Fees Commercial General Liability Policies Duty to Defend Excess Policies Insurers Late Notices Liability Insurance Professional Liability

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

11/6/2014 - Attorney-Client Privilege Breach of Duty Commercial General Liability Policies Contaminated Properties Data Breach Discovery Duty to Defend Malpractice Insurance PF Chang's Reinsurance Transvaginal Mesh Travelers Unfair or Deceptive Trade Practices

Insurance Recovery Law -- October 2014 #2

Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement - Why it matters: A policyholder who does not act promptly to seek advancement...more

10/23/2014 - AIG Attorney's Fees Banks Choice-of-Law D&O Insurance Duty to Defend FDIC Insurers Late Notices Policy Exclusions Voluntary Payments

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

10/10/2014 - Additional Insured Construction Accidents Construction Industry Construction Site Contractors Duty to Defend General Contractors Indemnification Clauses Subcontractors Workplace Injury

Insurance Recovery Law - September 2014 #2

D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs: Why it matters - In an important victory for directors and officers of a bankrupt company, a New York court...more

9/26/2014 - Bad Faith Commercial Bankruptcy Commercial General Liability Policies Corporate Officers D&O Insurance Directors Excess Policies Litigation Fees & Costs Reservation of Rights Securities Litigation TCPA

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

8/14/2014

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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