Latest Publications


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


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

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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