Commercial Law & Contracts, Business Torts, Insurance

Can an Intervening Insurance Company Sue for Breach of Contract?

by Peter Bauman - Senior Associate at Tharpe &... on 5/22/2013

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

Contribution Between Insurance Carriers And The Duty To Defend

by Peter Bauman - Senior Associate at Tharpe &... on 5/21/2013

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

by Aaron Mandel | Sedgwick LLP on 5/16/2013

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

How to Recognize Insurance Bad Faith

by Lewis and Pokora on 5/16/2013

When you purchase an insurance policy and pay your monthly premiums, you expect your insurer to honor claims when you suffer a loss. One of insurance’s greatest benefits is supposed to be the peace of mind it purchases — the...more

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Q&A With Carlton Fields' Steven Brodie

by Steven Brodie | Carlton Fields on 5/15/2013

Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts. Q: What is the most challenging case you have worked on and what made it challenging? Originally...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

Trial Tactics for Insurance and Corporate Defense Cases

by Peter Bauman - Senior Associate at Tharpe &... on 5/14/2013

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers

by Larry Golub, Samuel Sorich | Barger & Wolen on 5/13/2013

On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s...more

Litigation Management: A Win-Win

by Peter Bauman - Senior Associate at Tharpe &... on 5/13/2013

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Daubert Standard For Expert Testimony Almost Applied In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/10/2013

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

by Leigh Duthie, Alex Hartmann | Baker & McKenzie Australia on 5/9/2013

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

Court Issues Summary Judgment Ruling in MBIA’s RMBS Action Against Countrywide

by Orrick - Structured Finance Group on 5/9/2013

On April 29, Justice Eileen Bransten of the New York State Supreme Court issued an opinion granting in part and denying in part competing motions for summary judgment filed by MBIA and Countrywide in connection with tort and...more

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

by Lynda A. Bennett | Lowenstein Sandler LLP on 5/8/2013

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more

The Use And Misuse Of Expert Testimony In Bad Faith Actions

by E. Kelly Bittick Jr., Jeffrey Michael Cohen | Carlton Fields on 5/8/2013

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Steven Brodie, Joseph Lang Jr., Sylvia H. Walbolt | Carlton Fields on 4/24/2013

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

Washington Federal Judge Presumes that Liability Insurer May Not Assert Attorney-Client Privilege or Work Product Protection in...

by Sedgwick LLP on 4/22/2013

On April 12, 2013, Judge Richard Jones of the U.S. District Court for the Western District of Washington ruled that in a bad-faith lawsuit against a liability insurer, the judge would presume that the insurer has no...more

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Commercial Law & Contracts › Business Torts › Insurance