News & Analysis as of

Liability Insurance

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more

Social Hosts Beware: "One More for the Road?" May Be a Bad Idea

by Ward and Smith, P.A. on

Everyone was having such a good time, too . . . The company was hosting its annual holiday party. The company had arranged to hold the event that Saturday night in a hotel ballroom. Moods were festive, especially because...more

Insuring the Crops, Opportunity on the Vine

by Pessin Katz Law, P.A. on

Insurance coverage can be the difference between a natural disaster causing the closing of a business or merely a temporary shutdown. In October 2017, wildfires blazed across eight counties in Northern California causing...more

An Insurance Contract is Still a Contract - And How That Impacts Voluntary PIP Coverage

by Nexsen Pruet, PLLC on

In two recent opinions, the SC Court of Appeals reminded readers that parties are free to contract as they see fit, as long as the contract provisions at issue are not contrary to public policy or a statutory prohibition. It...more

Love Me Tender: Maryland’s Requirement that Insurers Pay Pretender Defense Costs

by Pessin Katz Law, P.A. on

Today I am listening to music as I write my article regarding an insurer’s obligation to pay pretender defense costs in Maryland. I first listened to the Platters’ version of “The Great Pretender” with lyrics of “my need is...more

Get fiduciary liability insurance

by Ary Rosenbaum on

The warranty in the electronics business is gravy for the retailers who sell it. You’ll be surprised how many people pay $20 to get a warranty on a $100 Blu-Ray player. When Best Buy was going national, they advertised how...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Exclusion Precludes Coverage for Bank’s $24M Settlement

In a blow to a bank that settled overdraft litigation for $24 million, the U.S. Court of Appeals, Seventh Circuit affirmed that the financial institution’s liability policy did not provide coverage for the deal....more

Third-Party Bad Faith Is Dead Again!

by Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Alabama Court Holds Professional Liability Exclusion Applicable to Negligent Inspection

In its recent decision in AIX Specialty Ins. Co. v. H&W Tank Testing, Inc., 2017 U.S. Dist. LEXIS 169787 (M.D. Ala. Oct. 12, 2017), the United States District Court for the Middle District of Alabama had occasion to consider...more

Insuring your drone – What type and how much insurance is enough?

by Dentons on

Drone insurance: does your company really need it? Yes, and here are some of the reasons why and tips to keep in mind....more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

InsureTech Connect 2017 Panel Discussion: Maximizing Profits via Products and Alternative Business Model Innovation

by Mintz Levin on

After being in the insurance industry for several decades in a variety of roles, I frequently get asked which insurtechs I think are going to be successful. In sum, I believe the insurtechs best positioned for success are...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Considerations For Your EPLI Policy

by Fox Rothschild LLP on

All of this news about hurricanes and the tragic images of people losing their homes (and everything in them), takes me back to advice my father gave me years ago, which was: You need insurance for things you can’t afford to...more

Sharply-Divided Washington Supreme Court Holds That Sureties, Like Insurers, Must Pay Attorney Fees to Prevailing Parties When...

by Pepper Hamilton LLP on

King Cnty. v. Vinci Constr. Grands Projets/Parsons RCI/ Frontier-Kemper, JV, No. 92744-8, 2017 Wash. LEXIS 743 (July 6, 2017) - King County contracted with three construction firms (collectively, “VPFK”) to construct a...more

Indemnities and insurance for directors and employees

by DLA Piper on

Company directors and employees must be aware of their rights and the requirements that relate to companies indemnifying, and providing insurance for their actions as directors or employees. Simple misunderstandings of the...more

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

California Appellate Court Reaffirms Principle That a Liability Insurer’s Primary Concern Should Be Protecting Its Insured’s...

by Reed Smith on

When liability insurers dispute coverage it is often necessary for insureds to bring coverage actions while the underlying liability suits are pending. In those cases, there frequently will be overlapping factual issues...more

Tribes Really Need More Than Sovereign Immunity Defense

The title of this article might seem familiar — it should. A year ago we published an article titled “Tribes Need More Than Just The Sovereign Immunity Defense.” In that article, we advised tribes about the value of liability...more

What You Need to Know About Additional Insured Endorsements

A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its policies of insurance as an additional insured and...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Can a Real Estate Agent be Liable for Injuries at an Open House?

Woodland Hills personal injury attorney Barry P. Goldberg is consulted more often than you might think by potential clients injured on the property of a home they were thinking about buying. It is a relatively common...more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

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