In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an...more
Utica Mut. Ins. v. Munich Reinsurance Am., Inc., No. 6:12-CV-0196 (LEK/ATB), 2013 U.S. Dist. LEXIS 141212, 2103 WL 5493704 (S.D.N.Y. Sept. 30, 2013).
A New York federal court granted summary judgment to a reinsurer in...more
While cottage ownership comes with many rewards, it also comes with some financial and legal risks. Accidents and injuries that happen in the cottage, on the dock, or on surrounding waterfront property can expose a cottage...more
The 5th Circuit rebuffed an insured’s attempt to circumvent policy language requiring notice within 30 days of a pollution occurrence in a bumbershoot (umbrella) policy in Starr Indemnity & Liability Company v. SGS Petroleum...more
In This Issue:
How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance.
Excerpt from How Long Should I Keep My Insurance Policies? -
Policyholders often ask,...more
In its recent decision in Starr Indemnity & Liability Co. v. SGS Petroleum Service Corp., 2013 U.S. App. LEXIS 12425 (5th Cir. 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion...more
This week Federal Insurance Company achieved an important victory in a long-standing insurance coverage litigation concerning the proper trigger of excess directors and officers insurance. DLA Piper represented Federal, a...more
On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more
In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more
The Washington Supreme Court joined a minority of jurisdictions that hold that insurers may not unilaterally reserve the right to seek reimbursement for defense costs paid in defending non-covered claims through a reservation...more
In the recent case GuideOne Mutual Insurance Company v. Utica National Insurance Group (4th Appellate Dist. 2/28/13), the California Court of Appeal considered priority of coverage among primary and excess insurers following...more
When an employer is vicariously liable to a third party for its employee’s negligence, and both the employer and employee have primary and umbrella policies covering liability to the third party, the employee’s primary and...more
The Observer highlights significant developments in insurance recovery and risk management.
In This Issue:
- State of California v. Continental Insurance: Opinion Holds Insurers to Their Words