Proskauer - Insurance Recovery & Counseling

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a broker…more
| Agriculture, Commercial Law & Contracts, Insurance, Intellectual Property

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children from…more
| Commercial Law & Contracts, Insurance

Terrorism Risk Insurance Program Reauthorized, But Some Uncertainty Remains

On Monday, President Barack Obama signed into law a six-year extension of the Terrorism Risk Insurance Program after the House and Senate passed the bill by votes of 416-5 and 93-4, respectively. As we previously reported,…more
| Commercial Law & Contracts, Elections & Politics, Insurance

Policyholders Face Uncertainty after Lapse of Terrorism Risk Insurance Program

Congress’ failure to renew the Terrorism Risk Insurance Program Reauthorization Act (“TRIPRA”), a 2007 extension of the 2002 Terrorism Risk Insurance Act, could have significant implications for companies that rely upon property…more
| Commercial Law & Contracts, Elections & Politics, Insurance

Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

It is rare to see a state’s highest court address a discovery issue. But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery, Insurance, Real Estate - Residential

Texas Federal Court Clarifies Broad Scope of Professional Liability Policies for Lawyers

Lawyers may be surprised to learn that lawsuits brought by clients challenging something other than purely legal advice or advocacy—such as billing—may not be covered by their professional liability policies. Interpreting the…more
| Commercial Law & Contracts, Insurance, Professional Malpractice

Illinois Court of Appeals Decision Serves as Caution to Policyholders Seeking Coverage for Underlying Settlements

The Illinois Court of Appeals recently issued an opinion providing guidance for policyholders seeking insurance coverage under commercial liability policies for settlements to resolve class actions asserted against them. In…more
| Civil Remedies, Commercial Law & Contracts, Communications & Media Law, Insurance

Eleventh Circuit Requests Assistance in Interpreting Consent-to-Settle Provision

Most cases in the United States settle. Insurers are well-aware of this fact. Thus, insurance companies employ consent-to-settle provisions in insurance policies to limit and control their liability in the likely event of a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Securities Law

More “Texas Justice” For Policyholder On Contractual Liability Exclusion

On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in Crownover…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Personal Injury, Insurance

California Federal Courts Tell Insurers Not to Jump the Gun in Suing Policyholders for Reimbursement

In a series of opinions issued over the past few months, federal judges in California have reiterated that insurers must wait until they are finished defending their policyholders before they sue those policyholders for…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse, theft…more
| Civil Remedies, Commercial Law & Contracts, Criminal Law, Insurance, Products Liability

Pennsylvania Court Recognizes That A Payment Required By Law Is Not A “Voluntary Payment” Requiring The Insurer’s Consent

If you are required by law to perform an act, the act is not “voluntary.” This proposition may seem obvious enough to most, but one insurer recently needed to be reminded of this common sense point by a Pennsylvania federal…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance

“Prior or Pending Litigation” Exclusion Bars Coverage for Litigation that Was Unknown to Policyholder

Companies that do business with the federal government, or whose business transactions otherwise involve payments by the government, undoubtedly understand the exposure they face to “whistleblower” or “Qui Tam” lawsuits brought…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice, Government Contracting

Fifth Circuit Requests Input from the Supreme Court of Texas Regarding Interpretation of Commercial General Liability (“CGL”) Policy Exclusion Language

The rule courts generally employ to interpret undefined words in insurance policies — essentially, to look to the words’ plain or ordinary meaning — sounds simple. However, many times, there is more than one meaning of such…more
| Commercial Law & Contracts, Insurance

New York State Court Rules That Darwin Has Duty to Defend but AIG Does Not, for Same Risk, Based on Differing Policy Language

New York state court Judge Shirley Werner Kornreich recently ruled that American International Group, Inc. (“AIG”) didn’t have to pay certain defense costs for various suits brought against QBE Holdings, Inc. and its affiliates…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Insurance, Real Estate - Residential
Showing 1-15 of 37 Results
|
View per page
Page: of 3
Contact

Eleven Times Square (Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States

  • 212.969.3000
  • 212.969.2900

Areas of Practice
  • Insurance
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×