Insurance Law Community

Title	Views
1	Insurance Coverage for Cyberattacks	12417
2	Counsel To Counsel Best Practice Forum To Be Held By Martindale-Hubbell In Philadelphia on Regulatory Compliance May 7	11420
3	Click here to see a list of the 2008 Top 50 Insurance Law Blogs!	10213

Title	Downl.
1	Additional Insureds: New Appleman Insurance Law Practice Guide 4.05(3)(c)	92
2	FREE DOWNLOAD - Chapter 23 of the New Appleman Insurance Law Practice Guide - Insurance Settlement Disputes by Saul B. Goodman, Benedict M. Lenhart, and Jarrett A. Williams	87
3	Understanding How Courts Allocate Liability among Consecutive Insurers	54

D&O Insurance: Layers and Tiers and Problems

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services One of the critical issues in putting together a D&O insurance program is the question of how to structure the insurance. Among the more complex issues is how to divide...

Published Wed, May 16 2012 3:38 PM by Kevin M. LaCroix

Filed under: insurance coverage, excess insurers, directors and officers insurance, Kevin LaCroix, settlements, structured insurance, catastrophic insurance, layer, tiers, crandown, Excess Side A DIC insurance, primary insurers

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Derderian v. Essex Insurance Company , 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a...

Published Tue, May 1 2012 9:55 AM by Brian Margolies

Filed under: insurance coverage, comprehensive general liability, CGL, Brian Margolies, Traub Lieberman, nightclub tragedy, Derderian v. Essex Insurance Co., Rhode Island, civil liability, victims rights, criminal proceedings

It is Important to Honor Substance Over Form

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass...

Published Mon, Apr 30 2012 7:50 PM by Barry Zalma

Filed under: insurance coverage, automobile insurance, underinsured motorists, uninsured motorists, waiver, Barry Zalma, Swartzbaugh v. Encompass Insurance Co., waiver of uninsured coverage, Maryland motor vehicle insurance law, Maryland, first named insured

Second Circuit Holds No Duty to Defend Intellectual Property Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second Circuit...

Published Thu, Apr 26 2012 4:00 PM by Brian Margolies

Filed under: Duty to Defend, insurance coverage, commercial general liability insurance, Second Circuit, Brian Margolies, Traub Lieberman, Pennsylvania, advertising injury, intellectual property claim, Feldman Law Group v. Liberty Mutual, copyright and trade dress infringement, designer jewelry

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District...

Published Wed, Apr 11 2012 6:06 PM by Brian Margolies

Filed under: Duty to Defend, insurance coverage, pollution exclusion, commercial general liability insurance, pollutant, Brian Margolies, Traub Lieberman, Pennsylvania, Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., pig farm odor claim, noxious odor, choice of law

Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever?

Randy J. Maniloff, White and Williams, LLP I am convinced that, at any given moment of the day or night, I can find an episode of Law & Order somewhere on my television. Now don't get me wrong, I enjoy the show, but in the end the episodes all...

Published Thu, Apr 5 2012 2:59 PM by Randy J. Maniloff

Filed under: insurance coverage, pollution exclusion, exclusions, binding authority, White and Williams, Randy Maniloff, Judge Posner, Scottsdale Indemnity Co. v. Village of Crestwood, environmental pollution, perc, Seventh Circuit

No Surprise – Raw Sewage Is A Pollutant

By Barry Zalma, Attorney and Consultant The Colorado Court of Appeal was called upon to determine whether an "absolute pollution" exclusion (APE) applied to a suit for bodily injuries exposed to raw sewage. Plaintiffs, Shadi Figuli, Joshua Figuli...

Published Tue, Apr 3 2012 9:03 PM by Barry Zalma

Filed under: insurance coverage, umbrella insurance, pollutant, Barry Zalma, toxic mold, rental dwelling insurance, Figuli v. State Farm, raw sewage, absolute pollution exclusion, sewage, Colorado, Clean Water Act

Ballard Spahr Legal Alert: HHS Releases FAQs on Essential Health Benefits

By Edward I. Leeds and Clifford J. Schoner On February 17, 2012, the U.S. Department of Health and Human Services (HHS) released a set of FAQs concerning the Essential Health Benefits Bulletin it issued on December 16, 2011. The FAQs offer new guidance...

Published Mon, Mar 19 2012 2:38 PM by Ballard Spahr LLP

Filed under: Health Insurance, insurance coverage, health care reform, Patient Protection and Affordable Care Act, PPACA, group health plans, Clifford J Schoner, lifetime benefits, essential health benefits, Edward Leeds, state insurance exchanges

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...

Published Thu, Mar 8 2012 4:22 PM by Brian Margolies

Filed under: Duty to Defend, Additional Insured, insurance coverage, occurrence, general contractor, Brian Margolies, Traub Lieberman, breach of contract, Secura Ins. v. Horizon Plumbing, Eighth Circuit, defective workmanship

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant

By Randy J. Maniloff, White and Williams, LLP There are two significant Pollution Exclusion cases where I've been looking forward to a decision - the Indiana Supreme Court's in State Automobile Mut. Ins. Co. v. Flexdar and the Wisconsin Supreme...

Published Thu, Mar 8 2012 3:46 PM by Randy J. Maniloff

Filed under: insurance coverage, pollution exclusion, homeowners insurance, Randy J. Maniloff, binding authority, White and Williams, pollutant, Flexdar, Hirschhorn, Wisconsin Supreme Court, bat guano

The Grim Reaper Pays Nothing: Body Lost – Suit Follows

By Barry Zalma, Attorney and Consultant The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company's Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and sought...

Published Tue, Mar 6 2012 11:10 AM by Barry Zalma

Filed under: insurance coverage, insurance policy exclusions, occurrence, funeral plans, Barry Zalma, Michigan, funeral services exclusion, cemetery insurance policy, misplaced corpse, Steven Reed v. Netherlands Insurance Company, cemeteries endorsement

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year

Randy J. Maniloff, White and Williams, LLP I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put on...

Published Wed, Feb 22 2012 7:00 PM by Randy J. Maniloff

Filed under: insurance coverage, general liability insurance, uninsured motorist, exclusions, automobile insurance, homeowners insurance, comprehensive general liability, binding authority, White and Williams, Randy Maniloff, use of an auto

FREE Business Interruption Insurance White Paper

Obtain your FREE Business Interruption Insurance White Paper, Business Interruption Coverage: Trends, Challenges & Solutions . The 2011 earthquakes and tsunami in Japan, twister outbreaks in the United States, Hurricane Irene, wildfires, blizzards...

Published Wed, Feb 8 2012 7:19 PM by LexisNexis Insurance Law Community Staff

Filed under: insurance coverage, natural disasters, catastrophe, property damage, contingent business interruption, New Appleman Insurance, business interruption insurance, causation, white paper, disaster, choice of forum

A Primer for Managing Risks

(Lexis.com subscribers may access the cases below by clicking on the links) By Verne A. Pedro, Special Counsel, Goldberg Segalla LLP Injured visitors, faulty construction, mold, critters, fire, natural disasters-businesses face substantial risks from...

Published Mon, Feb 6 2012 9:29 AM by Verne Pedro

Filed under: insurance coverage, excess insurance, directors and officers insurance, insurance exclusions, business interruption, umbrella insurance, Goldberg Segalla, third party insurance, first party insurance, Verne Pedro, burden of proof

Directors and Officers Insurer Sued By FDIC Over Bank Failure

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services In the FDIC's latest lawsuit filed in its role as receiver of a failed bank, the FDIC not only named as defendants nineteen former directors and officers of the failed...

Published Fri, Jan 27 2012 2:09 PM by Kevin M. LaCroix

Filed under: insurance coverage, directors and officers insurance, exclusions, Kevin LaCroix, Puerto Rico, Westernbank, bank failure, spouses, insured persons, direct action statute, FDIC