Insureds

News & Analysis as of

Insureds Cannot Shift Burden To Identify Claimed Damage

The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to...more

An Analysis of Environmental Impairment Liability Issues

Environmental impairment liability (EIL) policies currently available in the market provide very broad coverage. Thus, an EIL policy may provide coverage for an insured’s owned site clean-up costs, off-site clean-up costs,...more

“Generic,” “Cut-and-Paste” Reservation of Rights Letter Ineffective

Insureds won a round the other day when the South Carolina Supreme Court held that reservation of rights letters, which it characterized as nothing but “generic statements of potential non-coverage coupled with” large...more

“Succeeds to the Interests of” Does Not Require Assumption of Obligations: D&O Policy’s Insured v. Insured Exclusion Applies to...

On February 24, 2017, the Texas Supreme Court reinstated a state trial court ruling that an “insured-versus insured” exclusion barred coverage under a D&O policy for the costs of defending a lawsuit. Because the D&O insurer...more

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the...more

Trio of Recent Decisions on the I v. I Exclusion Should Remind Policyholders to Annually Review the Language in Their Policy to...

D&O policies vary quite a bit from carrier to carrier, and language on “standard” exclusions can change from year to year. Accordingly, it is important to do a yearly review of your D&O policy to make sure your company has...more

The Eighth Circuit Applies Insured vs. Insured Exclusion to Non-Insured Co-Plaintiffs

In a significant decision interpreting one of the most frequently litigated exclusions in the world of D&O insurance, the Eighth Circuit recently ruled that an Insured vs. Insured exclusion applied to an insured director’s...more

Washington Supreme Court Limits “Insurance Fair Conduct Act” — Three Things Insurers Must Know

On Groundhog Day 2017, the Washington Supreme Court issued its first major opinion interpreting the state’s 2007 “Insurance Fair Conduct Act” (IFCA). The decade-old legislation had caused shockwaves among insurers when its...more

The Implications of Insureds’ Illegal Conduct

Allegations of corporate bribery and corruption are increasingly frequent. According to a recent report by PwC, the World Bank estimates that more than $1 trillion is paid in bribes each year and 55 percent of global CEOs...more

California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California...more

Appraisal is an Appraisal is an Appraisal, Except in Mass.

Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar...more

Allocating a Pro Rata Defense Share to the Insured in Continuous Injury Cases

In a matter of first impression, the Louisiana Supreme Court recently held that the duty to defend in a long latency disease case could be prorated between the insurer and insured. (See, Arceneaux v. Amstar Corp. 2016 WL...more

Superior Court of Delaware Finds that Settlement Amounts not Uninsurable Disgorgement

The Superior Court’s Complex Commercial Litigation Division held in TIAA-CREF Individual & Institutional Services, LLC v. Illinois National Insurance Company, C.A. No. N14C-05-178 (JRJ) (CCLD) that amounts TIAA-CREF paid in...more

Likelihood of success a prerequisite to insurer's duty to appeal, Mass. court rules

On August 27, 2016, Judge Mitchell Kaplan of the Massachusetts Superior Court for Suffolk County - Business Litigation Session, which handles only complex business litigation matters, issued a decision holding that an...more

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where...more

Nevada Adopts Cumis Counsel Requirement – Who’s Next?

In September 2015, the Nevada Supreme Court issued a decision in State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74, which held that Nevada law requires an insurer to provide independent Cumis counsel when there...more

New UK Insurance Act Coming into Force in August 2016 - Some Practical Tips for Policyholders in Anticipation of the Changes

As reported in our earlier alert the new Insurance Act (which will govern insurance policies placed, amended or renewed from 12 August 2016) is designed to provide a more up to date framework for commercial insurance in...more

Attorneys as Insurer Claim Handlers: No Special Privileges

Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business insureds. Insureds are impacted in two significant ways. A version of this...more

Illinois Court Addresses Insured’s Burden of Proof on Duty to Indemnify

In Consol. United Nat’l Ins. Co. v. Faure Bros. Corp., 2016 Ill. App. Unpub. LEXIS 22 (Jan. 11, 2016), the Appellate Court of Illinois, First District, had occasion to consider an insured’s burden of proof in a declaratory...more

What is the Meaning of…..

In Rigby v Allstate Indemnity Company, (Maryland Court of Special Appeals, No. 0263, September 30, 2015, Krauser, C.J.) the intermediate appellate court (the “Court”) was called upon to decide a case of first impression in...more

Court Extends Kemper Insurance Company’s Contingent Claims Filing Deadline

On November 2, 2015, the Circuit Court of Cook County, Illinois, entered an order granting a one-year extension of the deadline for filing proof of liquidation of an insured’s contingent claim for losses associated with...more

Kansas: Safe harbor for insurer faced with settlement demand to only one insured

What should an insurance company do when liability of the insured is clear, the damages clearly exceed the limits, and the claimant sends a settlement demand that would exhaust policy limits while releasing only one out of...more

When The Government Comes Knocking: Maximizing Insurance Coverage for Government Investigations

As many readers will know, a government investigation can begin with something as seemingly innocuous as an email from a governmental agency to a company’s general counsel asking for information, or as attention-grabbing as a...more

State Farm v. Hansen: Nevada Supreme Court Adopts California Independent Counsel Rules

The Nevada Supreme Court has adopted California’s independent counsel rules, holding that an insured is entitled to select its own counsel where an insurer’s coverage reservation creates an actual conflict of interest between...more

Insurers Beware: Respond Promptly or Lose the Right to Control the Defense

The tables may be turning. Insurers often seek to avoid their coverage obligations by invoking time limitations in their policies for providing claim notifications. On the other hand, these same insurers routinely take their...more

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