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Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it...more

SC Supreme Court Says Insurers Can’t Cloud Allocation of Covered and Non-Covered Damages

The South Carolina Supreme Court’s decision in Harleysville Insurance Co. v. Heritage Communities, Inc., modified July 27, 2017, continues a trend of decisions aimed at preventing an insurer from acting in its own interest to...more

Absolute Pollution Exclusion—Not So Absolute

by Perkins Coie on

Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v....more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES

by Field Law on

Alberta Court of Appeal confirms an obligee/trustee under labour and material payment bond has no legal duty to disclose the existence of such a bond to potential bond claimants until specifically asked about its...more

Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy

by Wilson Elser on

On April 25, 2016, the Colorado Supreme Court overturned a decision by the Colorado Court of Appeals and Colorado District Court in what is believed to be a seminal victory for insurers. In Travelers Prop. Cas. Co. of Am. v....more

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

by Carlton Fields on

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

Pennsylvania Supreme Court Denies Appeal In Coverage Dispute; Superior Court Decision Recognizing a Duty to Defend Where Tort...

by Pepper Hamilton LLP on

In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more

Missouri Court of Appeals Affirms Award of Compensatory Damages Against Insurer Based Upon Bad Faith Failure to Settle and Overall...

The Missouri Court of Appeals recently affirmed an award of compensatory damages against an insurer based upon bad faith in Advantage Bldgs. & Exteriors, Inc. v. Mid-Continent Cas. Co., 2014 Mo. App. LEXIS 975 (Missouri Court...more

Roofing Contractors, Don’t Mess With Texas Insureds!

by Zelle LLP on

Hailstorms are inevitable in Texas, and so is the experience of the typical homeowner in their aftermath. Countless flyers are taped to the front door, yard sign ads spring up in the neighborhood, and the phone and doorbell...more

Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.

by Hinshaw & Culbertson LLP on

A fee dispute between Travelers, its contractor/insured and the insured's counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers...more

Stresscon v. Travelers: A Victory For Policy Holders

by Sherman & Howard L.L.C. on

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision,...more

Connecticut Supreme Court Rules on Issues Involving Commercial General Liability Policies

by Wilson Elser on

In Capstone Building Corporation v. American Motorists Insurance Company, 308 Conn. 760 (June 11, 2013) (SC 18886), the Connecticut Supreme Court answered three questions of Connecticut insurance law certified from the...more

Connecticut Court Confronts Duty to Investigate

by Cozen O'Connor on

In Capstone Building Corp. v. American Motorists Ins. Co., 2013 Conn. LEXIS 187 (Conn. June 11, 2013), the Supreme Court of Connecticut declined to recognize a cause of action for an insurer’s alleged bad faith conduct in...more

Trends In Litigation Management For The Insurance Industry

Collaborative technology, process improvement strategies and predictive analytics are some of the areas seen as offering potential for improving insurance litigation management, according to an article in the Spring 2013...more

How To Hire Outside Counsel For Your Company

Hiring outside legal counsel is an important decision for any company. Outside counsel may be needed to guide the business on an ongoing basis; or the business could be looking for an attorney to handle a single transaction...more

Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

Manage and Control Litigation Costs By Acknowledging Realities

Managing litigation effectively, including controlling legal costs, especially litigation costs, is important for business owners, small and large. A recent article in InsideCounsel suggests that an important part of...more

Can an Intervening Insurance Company Sue for Breach of Contract?

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

Contribution Between Insurance Carriers And The Duty To Defend

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

Recent Insurance Coverage Decisions Of Note In California

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

Indemnity Prohibition

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

Business Interruption Insurance

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

California Civil Depositions Limited To Seven Hours Under New Law

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Trial Tactics for Insurance and Corporate Defense Cases

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

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