Michael Aylward
Michael F. Aylward on the Disappearing Safety Net: Emerging Exposures Imperil Excess Insurers

Excess insurers have long relied on the principle that they would have no duty to indemnify their insureds until the underlying primary insurance had been exhausted. However, recent decisions of the Eight and Tenth Circuits and some state courts have...

Richard D. Milone and Justin F. Lavella
Richard Milone and Justin Lavella on Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP: The Duty of Defense Counsel in a Lawsuit to Investigate Fully the Potentially Applicable Insurance

When a lawyer is hired to defend a client in a lawsuit or arbitration, analyzing and pursuing the client’s available insurance coverage is sometimes not expressly included in the scope of the attorney’s engagement. However, according to a...

Barry Zalma
New Year Brings New Continuing Education Requirements for California Independent and Public Insurance Adjusters

On January 1, 2009, AB 2044—which has been added to the California Insurance Code as § 14090.1—went into effect. Governor Schwarzenegger signed the bill into law on September 25, 2008. Section 14090.1 reads: (a) An individual...

LexisNexis Insurance Law Newsroom Staff
FREE DOWNLOAD: Sections 41.11 and 41.12 of the New Appleman Insurance Law Practice Guide - excerpt of Chapter 41 - Understanding Employment Liability Insurance

Sections 41.11 and 41.12 of the 2008 Edition of New Appleman Insurance Law Practice Guide are part of a new chapter, “Understanding Employment Liability Insurance” by L.D. Simmons and Lowndes Christopher Quinlan of McGuire Woods LLP. This...

Tred R. Eyerly
Court Awards Damages for Mental Anguish Based on Insurer's Bad Faith

Interpreting Louisiana law, the Fifth Circuit determined that damages for mental anguish were properly awarded based on the insurer's bad faith. See Dickerson v. Lexington Ins. Co ., 2008 App. LEXIS 26504 (5th Cir. Dec. 22, 2008). Subscribers may...

Tags: Bad Faith
Tred R. Eyerly
Insured's Waiver of Insurer's Credit for Workers' Compensation Does Not Negate Coverage

Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. Conoco Phillips Co. , No. 06-15664, 2008 U.S. App. 21871 (9th Cir. Oct. 20, 2008), the Court held the...