News & Analysis as of

Duty to Defend Asbestos Litigation

Pillsbury - Policyholder Pulse blog

Are Insurers’ Panel Counsel Rates Reasonable?

It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. In most jurisdictions, if any portion of a complaint against a policyholder is even potentially...more

Flaster Greenberg PC

New York Asbestos Ruling Could Change Insurers Approach

Flaster Greenberg PC on

Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...more

White and Williams LLP

California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law

White and Williams LLP on

On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015 #2

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

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - March 2015

New York Federal Court Rejects Insurer’s Request for Recoupment - Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

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