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Indemnity Insurance Insurance Litigation

Sheppard Mullin Richter & Hampton LLP

Can an Insured’s Mental Incapacity or Insanity Convert Non-Accidental Conduct into an Accident?

The concept of fortuity is fundamental to insurance law. That is because insurance protects against the risk of contingent or unknown events or losses – not certainties of loss. Cal. Ins. Code § 22. Thus, in the context of...more

J.S. Held

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

J.S. Held on

Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

A&O Shearman

What to look for in a professional indemnity insurance policy

A&O Shearman on

A checklist setting out the key terms that insureds should review when notifying a claim or negotiating the terms of a professional indemnity insurance policy. Originally published in Practical Law....more

Carlton Fields

PSA: Second Circuit Issues Reminder of the Consequences for Lack of Specificity in Disclaimers of Coverage for Personal Injury...

Carlton Fields on

We have previously discussed the requirements imposed on insurers by New York law to inform insureds seeking coverage for death or bodily injury to describe any disclaimer of coverage “with a high degree of specificity of the...more

Locke Lord LLP

The Case of the Disappearing Caps on Indemnity and Expenses

Locke Lord LLP on

For those old enough to remember, Abbott & Costello had a routine where the famous comedy duo debated the confusing question of “Who’s On First”. The evasive answer appeared to be in the eyes of the beholder....more

White and Williams LLP

New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction...

White and Williams LLP on

The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J....more

Haight Brown & Bonesteel LLP

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party,...more

Hogan Lovells

Insurance Newsletter: March 2019 - Purpose and simple language take precedence

Hogan Lovells on

On 14 March 2019, the Supreme Court of Appeal (SCA) dismissed an appeal by Centriq Insurance Company Ltd (Centriq) against a ruling of the Free State High Court holding liable a financial advisor under a professional...more

Farella Braun + Martel LLP

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more

BCLP

Insurance and Reinsurance Update

BCLP on

This is our pick of the key recent legal and regulatory issues affecting the insurance and reinsurance sector. Non Party PI Insurers Liable for Costs - In the January 2019 case of Various Claimants v Giambrone the...more

BCLP

Non Party PI Insurers Liable for Costs

BCLP on

In the January 2019 case of “Various Claimants v Giambrone” the English Court has awarded a non-party costs order against AIG, the law firm’s professional indemnity insurer. The Court’s decision appears to have applied a very...more

Butler Weihmuller Katz Craig LLP

Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers

Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) - In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied...more

Cooley LLP

Blog: High Court rules on reimbursement of defence costs under ICAEW Minimum Terms

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In Michael Jonathan Christopher Oldham v QBE Insurance (Europe) Limited [2017] EWHC 3045 (Comm) Mr Justice Popplewell held that under a policy governed by the ICAEW Minimum Terms (the minimum professional liability coverage...more

Cooley LLP

Blog: High Court rules on application of exclusion clauses in insurance contracts

Cooley LLP on

In Timothy Crowden & Carol Crowden v QBE Insurance (Europe) Ltd (2017) EWHC 2596 (Comm) the claimants suffered significant economic loss after receiving advice from a financial advisor insured by QBE. The claimants were...more

Morris James LLP

Superior Court Sets Out Rules For Class Certification

Morris James LLP on

Wilmington Pain & Rehabilitation Center P.A. v. USAA General Indemnity Insurance Co., No. N15C-06-218 JRJ CCLD (October 17, 2017) - This is an important decision became it sets out the most recent rules for determining...more

Hogan Lovells

UK: Wood v Capita Insurance Services Limited

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Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the indemnity clause in an...more

Baker Donelson

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

Baker Donelson on

A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

Hogan Lovells

UK: AIG Europe Limited v Woodman and others

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Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

Jones Day

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Carlton Fields

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

Carlton Fields on

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

Carlton Fields

Connecticut Workers’ Compensation Carriers May Pursue Justice

Carlton Fields on

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

Cozen O'Connor

Missouri Federal Court Identifies Roadblocks For An Excess Carriers’ Claim For Attorney Fees Against Primary Carrier

Cozen O'Connor on

The court’s decision in Axis Specialty Insurance Company v. New Hampshire Insurance Company highlights the scope of recovery available for an excess carrier seeking to recover against a primary carrier. Emboldened by the...more

Orrick - Finance 20/20

Summary Judgment Denied in Litigation Against Countrywide

Orrick - Finance 20/20 on

On October 27, 2015, Justice Eileen Bransten of the New York Supreme Court issued a Decision and Order granting in part and denying in part cross motions for summary judgment brought by Countrywide and Ambac in an RMBS action...more

Beveridge & Diamond PC

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

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Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

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