Vexatious Litigation

It should be axiomatic that almost every lawsuit is defended by one or more insurance companies and most civil judgments are paid by insurance. Vexatious litigation skews actuarial tables and increases the cost of insurance to everyone. A case in point is Molski v. Evergreen Dynasty Corp., No. 05...

Conditional Endorsement, Underlying Allegations Thwart Contribution Right

The Second District California Court of Appeal this week prevented a general contractor’s insurer from recouping defense costs relating to an underlying construction defects lawsuit from an insurer of a drywall subcontractor under a theory of equitable contribution where the underlying complaint...

Professor Jeffrey W. Stempel on Federal Insurance Co. v. American Hardware Mutual Ins. Company: The Nevada Supreme Court Gives Broad Construction to Commonly Used “Additional Insured” Endorsements

Subscribers can access the complete commentary on lexis.com. Additional fees may be incurred. In this Expert Commentary, Professor Jeffrey W. Stempel examines Federal Ins. Co. v. American Hardware Mutual Ins. Co., 2008 Nev. LEXIS 38 (Nev. May 29, 2008). In this case, the court held that an additional...

Daniel Gerber and Bryan Richmond on Whether All Additional Insured Coverage is Primary: Does the Policy’s Other Insurance Clause Matter?

A current debate in New York has been whether “other insurance” clauses in contracts of insurance have any effect when a party is named as additional insured. In other words, is all additional insurance primary? Since the Court of Appeals’ decision in Pecker Ironworks of New York, Inc...

Jeffrey W. Stempel on Federal Insurance Co. v. American Hardware Mutual Ins. Company: The Nevada Supreme Court Gives Broad Construction to Commonly Used Additional Insured Endorsements

In this Expert Commentary, Professor Jeffrey W. Stempel examines Federal Ins. Co. v. American Hardware Mutual Ins. Co. , 2008 Nev. LEXIS 38 (Nev. May 29, 2008). The Court held that an additional insured endorsement providing coverage for claims “arising out of [the named policyholder’s] operations”...

Lee Shidlofsky on Additional Insured Status in Strict Eight Corners States

Insurance coverage can oftentimes be won or lost depending on whether a particular jurisdiction follows a strict eight corners analysis for determining the duty to defend or permits the introduction of extrinsic evidence which particularly affects determination of the status of additional insureds. In...

Gerber and Bryan Richmond on Whether All Additional Insured Coverage is Primary

Since the New York Court of Appeals decision in Pecker Iron Works and the First Department’s decision in BP Air-Conditioning , arguments have been made from co-insurers in New York that an insured’s coverage as an additional insured is always primary to any coverage as a named insured. In...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 18, 2010

Focus Case: Actions and Proceedings By Sarah J. Delaney Supreme Court of Pennsylvania to Hear Important Attorney-Client Privilege Case Gillard v. AIG Insurance 2010 Pa. LEXIS 458 [ lexis.com ] (Penn. S. Ct. March 16, 2010) The Supreme Court of Pennsylvania has agreed to hear a case of vital important...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 26, 2010

Focus Case: Policy Conditions By Sarah J. Delaney Arkansas Reaffirms Its Status as a No-Prejudice State Fireman's Fund Insurance Company v. Care Management, Inc. 2010 Ark. 110 [ lexis.com / lexisONE ] (March 4, 2010) The Supreme Court of Arkansas re-affirmed its status as a "no-prejudice"...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – April 28, 2010

Actions and Proceedings Owners Ins. Co. v. Westfield Ins. Co. 2010 Ohio App. LEXIS 1252 [ lexis.com / lexisONE ] (Oh. Ct. App., April 5, 2010) Motion to Dismiss Granted Based on Forum Non Conveniens An Ohio coverage dispute arose from a personal injury action commenced in West Virginia in which the...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured coverage from its subcontractors' insurer...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635 [ lexis.com / lexisONE ] (5th Cir.(La.), August 11...

Endurance Coverage: “Top Ten Insurance Cases Of The Year” Reaches The Decade Mark

Randy J. Maniloff, White and Williams, LLP For the past ten years I have had the privilege of publishing an end-of-year article in Mealey’s Litigation Report: Insurance that discusses the ten most significant insurance coverage decisions from the year gone by. Like anything that is done for...

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, addressed under...

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, considered whether an underlying breach...

Neal, Gerber & Eisenberg LLP: Additional Insured Entitled to Coverage Where Accident Resulted from Named Insured’s Operations

By Alex Hartzler , Associate, Neal, Gerber & Eisenberg LLP A recent Indiana appellate decision illustrates that, for the purpose of triggering "additional insured" coverage, the insurer is liable where the injury arose out of the insured's operations irrespective of whether the...

Barry Zalma: Contract of Personal Indemnity – Failure to Protect Insurable Interest Expensive

By Barry Zalma, Attorney and Consultant Insurance is a contract of personal indemnity and does not follow the title in the land. When parties enter into lease agreements of real or personal property both the lessor and lessee have an insurable interest in the property. Either one or both can individually...

California Clarifies Scope of Reasonable Expectations for Additional Insureds

Insurance policies often insure persons or entities other than the named insured, often because the named insured is obligated to obtain insurance to protect those other persons. In California, when a policy provision is ambiguous because it is susceptible to more than one reasonable interpretation,...

Additional Insured Certificates: What Do They Mean?

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial...