Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission -
Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more
1/23/2016
/ Bad Faith ,
Breach of Contract ,
Breach of Duty ,
Competition ,
Covenant of Good Faith and Fair Dealing ,
Duty to Defend ,
Excess Policies ,
Fraud ,
Insurance Litigation ,
Misrepresentation ,
Professional Liability ,
Rescission ,
Right to Privacy ,
TCPA ,
Uber
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy -
Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
8/1/2015
/ Claims Made Policy ,
Delay Claims ,
Dismissals ,
Duty to Defend ,
Excess Policies ,
Fire Damage ,
Late Notices ,
Malpractice Insurance ,
Motion To Intervene ,
Notice Requirements ,
Property Damage ,
Property Insurance
South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations -
Why it matters:
A federal court in South Carolina ruled that absent a showing by an insurer...more
D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs:
Why it matters -
In an important victory for directors and officers of a bankrupt company, a New York court...more
9/26/2014
/ Bad Faith ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Corporate Officers ,
D&O Insurance ,
Directors ,
Excess Policies ,
Litigation Fees & Costs ,
Reservation of Rights ,
Securities Litigation ,
TCPA
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
U.S. Bank Wins Coverage Under Delaware Law For $55 Million Overdraft-Related Settlement -
Why it matters:
In a victory worth tens of millions of dollars, a Minnesota federal court ruled that U.S. Bank is...more
New York Court Strictly Applies Draconian Policy Language, Holding Excess Coverage Forfeited By Settling With Underlying Insurers For Less Than Policy Limits -
Why it matters:
A New York appellate court has...more
Horizontal Exhaustion Not Required for Excess Policies in New York -
Why it matters:
A Delaware superior court recently predicted that New York’s highest court would not require policyholders to horizontally...more
California Court Recognizes Named, Additional Insureds Have Different Expectations -
Why it matters:
While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more