Insurers

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A Flood by Any Other Name is Still a Flood – or Why Losses Caused by Flood Are Subject to Flood Sublimits

In New Sea Crest Healthcare Center, LLC v. Lexington Ins. Co., No. 12-CV 6414(RJD)(RLM), 2014 WL 2879839 (E.D.N.Y. June 24, 2014), the insureds suffered losses to nursing homes in two locations as a result of Hurricane Sandy....more

Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute

Eagle Oil & Gas Co. v. Travelers Prop. Cas. Co. of Am., No. 7:12-cv-00133-O (N.D. Tex. Jul. 14, 2014) - Northern District of Texas dismisses bad faith claims against insurer and adjuster in dispute over coverage for...more

Calderbank offers – Getting more bang for your buck

The cost-protective benefits of Calderbank offers are often more illusory than real. Courts will only award indemnity costs to the party making the offer where the party demonstrates that it was unreasonable for the other...more

Insurance In Brazil: A Reinsurance Perspective

Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering...more

New York Court Erodes Privilege for Attorney-Insurer Communications

On July 31, 2014, the New York Supreme Court, Appellate Division, First Department chipped away at the privilege protections available to insurers. In National Union Fire Ins. Co. of Pittsburgh, Pennsylvania v. TransCanada...more

New York’s High Court Holds That An Insurer’s Delay in Disclaiming Coverage Could Be Excused When The Delay Resulted From...

Until recently, New York’s Insurance Law presented something of a dilemma for insurance companies concerning how quickly they were required to inform their policyholders that they were denying coverage for a claim. On the one...more

Eleventh Circuit Reverses Coverage Ruling Under Reinsurance Agreement

Public Risk Management of Florida, an intergovernmental risk management association that functions as a primary insurer for certain government entities in Florida, ceded some of its risk to One Beacon under a reinsurance...more

Discovery of Communications between Insurers and Reinsurers

In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the...more

Court Grants Summary Judgment In $40m Reinsurance Commission Dispute

Greenlight Reinsurance brought suit against Appalachian Underwriters (“AUI”), Appalachian Reinsurance (“App Re”) and Insurance Services Group (“ISG”) alleging it had been shortchanged more than $40,000,000 pursuant to three...more

Insured Not Justified in Ignoring Claims-Made-and-Reporting Requirements

An insured’s attempt to circumvent the claims-made-and-reporting requirements of its professional liabilty policy, by arguing that the doctrine of promissory estoppel applied, was thwarted when a court ordered summary...more

District Court Figures Out What The Hail Is Going On

Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going...more

Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery...more

Public Adjusters Do Not Have Free Pass To The Stand

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more

Are counsel’s coverage opinions privileged in a subsequent coverage action with the insured? NY’s first department indicates not...

On 7/31/14, the First Department held that any documents that pre-date National Union’s disclaimer are not protected from disclosure by the attorney-client privilege or the work-product doctrine or materials prepared in...more

Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement with Healthy Alliance Life Insurance Co. and...more

Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more

Profits over People - Big Insurance finds another way to cash in on injured people

The latest investigative piece published in the News Tribune this week, entitled “MultiCare sues estate of boy killed in Tacoma Dome accident”, outlines a struggle that lawyers representing injured people in Washington State...more

Avoid the “Insolvency Exclusion” Trap in E&O Policies: Tennessee Federal Court Confirms That Insolvency Exclusion Does Not Apply...

As the wave of litigation spawned by the 2008 financial crisis begins to ebb, insurance-coverage litigation arising out of the credit crisis continues unabated. Financial institutions have successfully pursued insurance...more

Pennsylvania Supreme Court Notes Limited Reach of Multiple Trigger Rule in Insolvency Case

On July 21, 2014, the Pennsylvania Supreme Court held, as a matter of first impression, that the Continuance of Coverage Provision of the Pennsylvania insurance insolvency statute, 40 P.S. § 221.21, precludes coverage for all...more

Equity Capital Markets: New ABI Transaction Guidelines

The Association of British Insurers (“ABI”) has published guidance on the expectations and views of ABI members on various aspects of equity capital market transactions. The guidance is split into three sections, ‘Initial...more

Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

For many reasons, developers and builders in a construction defect lawsuit want to pick their own counsel to defend them. For instance, they have a good working relationship with the counsel, counsel did well in another case...more

Office of the Commissioner of Insurance of Georgia Proposes New Regulation Governing Protection of Trade Secret Information

The Office of the Commissioner of Insurance of Georgia ("OCI") has proposed a new rule concerning procedures to be followed by persons or entities asserting trade secret protection of information filed with the OCI to comply...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

California Insurance Coverage Cases Raising Key Issues On The Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

Travelers Indemnity Settles Reinsurance Disputes With Excalibur

In two related cases, Travelers has settled its claims against Excalibur Reinsurance. A number of prior posts have addressed the substance of the parties’ disputes – for example, discovery issues (sealing portions of...more

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