More Important Rulings From J.P. Morgan's New York Coverage Litigation -
Why it matters:
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more
1/30/2015
/ Bear Sterns ,
Duty to Defend ,
Enforcement Actions ,
Insurance Litigation ,
JPMorgan Chase ,
Late Notices ,
Liability Insurance ,
NYSE ,
Policy Exclusions ,
Professional Liability ,
Securities and Exchange Commission (SEC) ,
TCPA
Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules -
Why it matters:
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more
1/14/2015
/ Appeals ,
Banks ,
Class Action ,
Counterclaims ,
D&O Insurance ,
Duty to Cooperate ,
Duty to Defend ,
Excessive Fees ,
FDIC ,
Litigation Fees & Costs ,
Policy Exclusions ,
Reservation of Rights ,
US Bank
Ammonia Release Constitutes “Direct Physical Loss” Under Policy -
Why it matters:
A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown for...more
Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker -
Why it matters:
An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more
12/8/2014
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Duty to Defend ,
Flooding ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Injunctive Relief ,
Insurance Brokers ,
Jury Awards ,
Jury Verdicts ,
Property Damage ,
Risk Assessment
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
Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer -
Why it matters:
In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more
11/6/2014
/ Attorney-Client Privilege ,
Breach of Duty ,
Commercial General Liability Policies ,
Contaminated Properties ,
Data Breach ,
Discovery ,
Duty to Defend ,
Malpractice Insurance ,
PF Chang's ,
Reinsurance ,
Transvaginal Mesh ,
Travelers ,
Unfair or Deceptive Trade Practices
Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement -
Why it matters:
A policyholder who does not act promptly to seek advancement...more
10/23/2014
/ AIG ,
Attorney's Fees ,
Banks ,
Choice-of-Law ,
D&O Insurance ,
Duty to Defend ,
FDIC ,
Insurance Industry ,
Late Notices ,
Policy Exclusions ,
Voluntary Payments
Lack of Direct Contractual Relationship Doesn’t Doom Coverage -
Why it matters:
The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the 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
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”:
Why it matters -
A federal district court in Texas strictly construed a pollution exclusion in...more
9/23/2014
/ Bodily Injury ,
Commercial General Liability Policies ,
Default Judgment ,
Electronic Medical Records ,
Environmental Remediation Costs ,
Hazardous Substances ,
Independent Counsel ,
Medical Records ,
Notice Requirements ,
Oil & Gas ,
Pipelines ,
Policy Exclusions ,
Pollution Exclusion ,
Putative Class Actions ,
Toxic Exposure ,
Trademark Litigation ,
Travelers Property Casualty Co. ,
Trucking Industry ,
Zurich America Insurance Co.
“Contractual Liability” Exclusion Applies Only To An Insured’s Assumption of Another’s Liability -
Why it matters:
The Michigan Court of Appeals joined the majority of courts nationwide in holding that a...more
8/14/2014
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
Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage -
Why it matters:
In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more
Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims:
Why it matters -
We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...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
Policyholder Entitled to Select Counsel, Even Where Insurer Withdrew Reservation of Rights -
Why it matters:
An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its...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
Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes -
Why it matters:
In a fascinating – albeit unpublished – decision from the Ninth...more
Fourth Circuit Allows Punitive Damages Against Insurer For Bad Faith Despite Lack Of Actual Damages -
Why it matters:
A policyholder is not required to prove ascertainable damages to be entitled to an award of...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
N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy -
Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more