Liability Insurance

News & Analysis as of

Homeowners' Associations Could Face Liability for Bear Attacks

It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and...more

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an...more

New Jersey Court Considers Exclusion for Delay of or Failure to Complete Work

In its recent decision in Navigators Specialty Ins. v. PharmaNet Development Group, Inc., 2016 U.S. Dist. LEXIS 40999 (D.N.J. Mar. 29, 2016), the United States District Court for the District of New Jersey had occasion to...more

The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules

There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is prepared to accept the whole...more

They will always try to sell Plan Sponsors something

When I was a kid, there were two varieties of Cheerios, one version of Listerine, and one type of Crest toothpaste. If you got to the supermarket these days, there are about a dozen varieties of Cheerios, more than a half...more

For Excess Liability Insurers, Consent-to-Settle Clauses Still Count

When a liability insurer defends its insured under a reservation, recent decisions limit the insurer’s right to enforce a policy’s consent-to-settle clause. But can the reservation affect the rights of an excess carrier? And...more

US CHINA TRADE WAR–Trump, Trade Policy, NME, TPP, Trade, Customs, False Claims, Products Liability, Antitrust and Securities

Dear Friends, After returning from a two week trip to China to work on the Solar Cells case, this March blog post will cover trade policy, including Trump’s impact on Trade Policy, trade, Customs, False Claims Act, the...more

Insurance Focus (Italy): The limit is not an essential element of a third party liability insurance contract

A very recent ruling by the Italian Court of Cassation (No. 3173 of 18 February 2016) has established that the stipulation of a limit does not constitute an essential element of a civil liability insurance contract....more

Kansas Policyholder Learns the Unexpected Virtue of Ignorance

Seventy years ago, in Screws v. United States, 325 U.S. 91 (1945), the U.S. Supreme Court declared that “[i]gnorance of the law is no excuse for men in general.” It now appears that farmers who buy liability insurance might...more

Liability Insurer Tries to Dodge Coverage Hiding Behind The Employee Exclusion

Not long ago an owner of a four-unit apartment building, fully insured with a Landlord/Tenants package policy and Umbrella coverage, tendered an injury lawsuit to his insurance company. The insured had hired a roofer to...more

Talley’s Insurance Tip of the Month

”Potentiality” is Key to Insurer’s Duty to Defend - Talley’s Tip: In Maryland, a liability insurer has a duty to defend an insured against any and all potentially covered claim(s) made against that insured in a lawsuit....more

Regulatory And Litigation Hot Topics For Private Funds In 2016

Private investment funds are likely to face increased regulatory scrutiny and litigation risk in 2016, not only based on the Securities and Exchange Commission’s focus on the industry but also due to transparency and...more

New Jersey Appellate Court Affirms Ruling That Solvent Insurers Not Responsible For Portions Of Insolvent Insurers

Earlier this month, a New Jersey appellate court affirmed a lower court’s ruling that the insured, not solvent insurers, was responsible for the liability apportioned to policies not covered by New Jersey’s Property Liability...more

When is a Fellow Employee a “Fellow Employee”?

The Eleventh Circuit recently reversed a district court’s decision to enforce an insurance policy’s “fellow employee” exclusion on the ground that the employee was acting outside the scope of his employment at the time of the...more

Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more

Court Grants Motion To Dismiss In Row Between Insured, Insurer, And Third-Party Claim Administrators

A district court in Ohio granted defendants National Indemnity Company (“National”) and Resolute Management, Inc.’s (“Resolute”) motion to dismiss in an asbestos coverage dispute. Plaintiff, industrial manufacturer the...more

As TCPA Class Actions Soar, Issues Emerge in TCPA Coverage for Claims

Both the number of cases under the Telephone Consumer Protection Act (TCPA) and the types of practices that those cases challenge have mushroomed within the last several years. Yet a dedicated form of insurance against TCPA...more

New Jersey Court Addresses Insured’s Failure to Pay SIR

In its recent decision in Colony National Ins. Co. v. Control Building Services, Inc., 2015 U.S. Dist. LEXIS 155757 (D.N.J. Nov. 18, 2015), the United States District Court for the District of New Jersey had occasion to...more

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his...more

Make Your Insurance Policies List and Check It Twice

As the holidays rapidly approach, it is a perfect time for retailers to review their insurance policies and understand the extent of their coverage. Seasonal hires, new products and revisions in services may expose retailers...more

Fiduciary Liability Insurance is Worth It

The warranty in the electronics business is gravy for the retailers who sell it. You’ll be surprised how many people pay $20 to get a warranty on a $100 Blu-Ray player. When Best Buy was going national, they advertised how...more

NY Insurance Law 3420(d)(2) Is Strictly Enforced

It is of paramount importance that liability insurers doing business in New York be aware of the heightened disclaimer obligations applicable to claims implicating Insurance Law § 3420(d)(2). The statute, which applies to...more

As Litigation Risk Increases, Private Equity Sponsors Should Re-Evaluate Their Professional Liability Insurance Programs

Private equity fund sponsors are facing increased litigation risk from regulators and private parties, including limited partners and stakeholders in portfolio companies.  As a result, private equity firms should re-examine...more

Talley’s Insurance Tip of the Month

Why one should have errors and omissions insurance – does it really protect? Talley’s tip: The problem with liability insurance is that the policies often have exclusions that prevent the insurance from covering you or...more

Additional Insureds Deserve Attention Too: New York Court Finds Insurer’s Reservation of Rights to Named Insured Did Not...

Liability insurers issuing or delivering policies in New York are well apprised of the statutory requirement that the insured is to be provided written notice of a disclaimer or denial of a bodily injury or death claim “as...more

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