AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
D&O Insurance Myths (Part 2)
D&O Insurance Myths (Part 1)
Standard Formula Podcast | Reinsurance and Risk Transfer: Risk Mitigation Under the Solvency II Regime
Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Hinshaw Insurance Law TV – Transaction Insurance Solutions
Loading and Unloading Under GL and Auto Policies: 2022
D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it
Protect Your Construction Project: Top 10 Insurance Provisions to Know
NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
On-Demand Webinar | Insurance Issues Faced by Employers in Times of COVID-19
Ledgers and Law: Roadblocks Facing the Cannabis Industry
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
What to Do When Your Insurance Carrier Says No: How to Protect Yourself from Coverage Denials
It is an all-too-common scenario for insurance practitioners. Company A hires an independent contractor to perform work on its premises. Their agreement specifies that Contractor will procure liability insurance—often...more
In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does...more
In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more
MASS SHOOTINGS: MULTIPLE CLAIMANT CONSIDERATIONS - In 2020, despite nearly nationwide lockdowns due to the COVID-19 pandemic, the United States sustained 611 mass shooting events. This represents an increase from 336 in...more
In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor's policy. The contractor may agree to provide the coverage but then may fail to follow the rules in...more
In Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc., No. S236765 (Cal. Jun. 4, 2018), the California Supreme Court found that an insured sued on the basis that it negligently hired, retained, and...more
Scope: The “Comparison Test” - The defense obligation arises when a defense is needed: at the outset of the suit. It follows that, unlike the duty to indemnify (which depends on the “true” facts as they are determined in...more
The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a distinction between a ‘named insured’ and an ‘insured.’” Indeed, another...more
Recently, the New York Court of Appeals, in Burlington Insurance Company v. NYC Transit Authority, held that a common insurance policy endorsement extending coverage to additional insureds for liability for bodily injury...more
Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more
The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more
In Fluor Corporation v. Superior Court (No. S205889; filed 8/20/15), the California Supreme Court overruled its earlier decision in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934, holding that...more
In a unanimous decision that will have a serious impact on long-tail exposures, the California Supreme Court in Fluor Corp. v. Superior Court (Hartford Acc. & Indem.) has determined that policyholders may transfer liability...more
In a unanimous decision handed down by the California Supreme Court on August 20, 2015 in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a...more
The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and...more
Many corporate executives may be under the impression that the defense costs they incur when sued for actions taken in their role as officers of the company would be covered by a “Management Protection” insurance policy. The...more
Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers, 2015 Pa. Lexis 1551 (July 21, 2015), since the high court agreed to hear the...more
Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice...more
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
A Connecticut Superior Court has further clarified the construction industry whether a certificate of insurance naming a party as an additional insured confers any rights on that party. In Hobbs, Inc. v. Charter Oak Fire...more
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more
What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on...more