Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water -
Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more
9/10/2015
/ Ambiguous ,
Breach of Duty ,
Choice-of-Law ,
Claims Made Policy ,
Commercial General Liability Policies ,
Duty to Defend ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Mold Litigation ,
Notice Requirements ,
Policy Exclusions ,
Reservation of Rights
Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules -
Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more
8/14/2015
/ Apparent Authority ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Carbon Emissions ,
Civil Conspiracy ,
Class Action ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Fraud ,
Insurance Industry ,
Insureds ,
Mediation ,
Notice Requirements ,
Nuclear Waste ,
Patient Privacy Rights ,
Policy Exclusions ,
Public Officials ,
Reservation of Rights ,
Settlement ,
Workplace Injury
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy -
Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
8/1/2015
/ Claims Made Policy ,
Delay Claims ,
Dismissals ,
Duty to Defend ,
Excess Policies ,
Fire Damage ,
Late Notices ,
Malpractice Insurance ,
Motion To Intervene ,
Notice Requirements ,
Property Damage ,
Property Insurance
In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications -
Why it matters: Recognizing the “conflicting...more
7/3/2015
/ Attorney-Client Privilege ,
Bad Faith ,
Breach of Contract ,
Choice-of-Law ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Cross-Claims ,
Discovery ,
Due Diligence ,
False Advertising ,
Insurance Litigation ,
Misrepresentation ,
Motion for Reconsideration ,
Notice Requirements ,
Policy Exclusions ,
Summary Judgment ,
Work-Product Doctrine
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”:
Why it matters -
A federal district court in Texas strictly construed a pollution exclusion in...more
9/23/2014
/ Bodily Injury ,
Commercial General Liability Policies ,
Default Judgment ,
Electronic Medical Records ,
Environmental Remediation Costs ,
Hazardous Substances ,
Independent Counsel ,
Medical Records ,
Notice Requirements ,
Oil & Gas ,
Pipelines ,
Policy Exclusions ,
Pollution Exclusion ,
Putative Class Actions ,
Toxic Exposure ,
Trademark Litigation ,
Travelers Property Casualty Co. ,
Trucking Industry ,
Zurich America Insurance Co.
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
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