News & Analysis as of

Umbrella Policies Duty to Defend

DRI

The Jenga Effect: Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers

DRI on

In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2023

Rivkin Radler LLP on

New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy- The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 28, 2023

Rivkin Radler LLP on

Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 31 2022

Rivkin Radler LLP on

Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists...more

Rivkin Radler LLP

Insurance Update - October 2022

Rivkin Radler LLP on

Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more

Faegre Drinker Biddle & Reath LLP

A Cautionary Tale and a Wistful Remembrance About Settlement Security

Our language around settlements connotes war and peace – in settling we are “buying our peace” or “ceasing hostilities.” The old saw is that a good settlement leaves no one satisfied, but in truth, a good settlement leaves...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Absolute Pollution Exclusion/Quarry Operations: Federal Appellate Court Addresses Coverage for Unplanned Discharge of Rock Fines

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a January 17th opinion a company’s umbrella insurance policy’s absolute pollution exclusion. See Eastern Concrete Materials, Inc., v. Ace...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Decision Excluding Coverage under Pollution Exclusion for Damage to Stream Caused by Rock Fines

In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more

Carlton Fields

NDNY Unable to Resolve Ambiguity in Umbrella Policies and Sets Trial

Carlton Fields on

On remand from the Second Circuit, the Northern District of New York was asked to determine whether Utica Mutual Insurance Co. (the cedent) had a defense obligation under its umbrella policies. If it did, then Utica would be...more

Farrell Fritz, P.C.

Insurers Must Defend Claims Brought By Hulk Hogan: Intentional Tort Deemed “Accidental” Occurrence

Farrell Fritz, P.C. on

To welcome the New Year, we venture outside this blog’s traditional realm of commercial division practice and procedure to reflect on the nature of “intent” at the intersection of professional wrestling and insurer coverage...more

Haight Brown & Bonesteel LLP

Court Finds Potential for Personal Umbrella Coverage of Sexual Assault Not Covered by Underlying Homeowners Policy

In Gonzalez v. Fire Insurance Exchange (No. H039368, filed 2/5/15), a California appeals court ruled that a personal umbrella policy's broader coverage gave rise to a duty to defend sexual molestation allegations that were...more

Proskauer - Insurance Recovery & Counseling

Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and...

In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide