Stephen Bagge

Stephen Bagge

Carlton Fields Jorden Burt

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Latest Publications


Accidentally On Purpose: Washington Court Finds Coverage For Contempt Of Court Based On “Misunderstanding”

Professional liability policies cover claims based on the insured’s alleged negligent acts, errors or omissions, and not claims for “sanctions or penalties” for “willful” professional misconduct. But the insurer’s duty to...more

9/30/2015 - Chapter 11 Consumer Bankruptcy Contempt Debtors Duty to Defend Injunctions Insurance Industry Judgment Creditors Negligence Penalties Professional Liability Reorganizations Sanctions Standing Travelers Property Casualty Co. Willful Misconduct

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

7/28/2015 - Attorney's Fees Bodily Injury Construction Industry Contractors Duty to Defend Insurance Industry Liability Insurance Real Estate Development Subcontractors

Down in the Dumps: Court Refuses to Apply Pollution Exclusion in Landfill Seepage Case

Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity...more

3/26/2015 - Indemnification Clauses Insurers Landfills Pollution Exclusion

My Advice? Pay Me!

Shopping for insurance can raise hard questions: How much coverage do I need? What types of risk should be covered? What must I do to get the maximum benefits allowed? Policyholders who get the wrong answers often end up...more

10/17/2014 - Environmental Remediation Costs Homeowner's Insurance Property Insurance Remediation

Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more

8/26/2014 - Bodily Injury Insurers Liability Insurance Wrongful Death

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