LexisNexis® Legal Newsroom
Coverage Opinions–September 11th: Revisiting The “War Risk” Exclusion

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry not to invoke the "war risk" exclusion...

Flood Insurance Reform Act of 2012 Amendments to Flood Disaster Protection Act

By the Ballard Spahr LLP Mortgage Banking Group The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the Biggert-Waters Flood Insurance Reform Act of 2012...

Insurer Need Only Respond to Risk It Agreed to Insure

By Barry Zalma, Attorney and Consultant In Seneca Insurance Company, Inc., Plaintiff-Appellant-Respondent v. Cimran Co., Inc., et al., Defendants-Respondents-Appellants. , No. 9226 (N.Y.App.Div. 04/09/2013), [ enhanced version available to lexis.com subscribers ], the parties brought an appeal that...

Bullivant Houser Bailey: Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company's Bad Faith Case

By Matthew E. Hedberg , Bullivant Houser Bailey PC In an opinion issued April 3, 2013, the Idaho federal district court held that when an attorney participates in the investigation of a claim and provides coverage advice, the facts gathered by the attorney may be discoverable in a bad faith lawsuit...

DLA Piper – Australia: Insurance Review April 2013

Welcome to Insurance Review April 2013 , DLA Piper's publication dedicated to the insurance industry. In this edition we report on developments across the insurance industry, including the long-awaited amendments to the Insurance Contracts Act 1984 (Cth), the proposal to introduce unfair contract...

The Boston Bombing: Early Thoughts On Insurance Coverage

In the aftermath of the September 11th attacks, the insurance industry and federal government took a hard look at insurance coverage and put many provisions in place to address any future attacks. Thankfully, all of that work collected dust for over a decade. But the tragic Boston Marathon bombings changed...

Missouri Panel Affirms Ruling For Insurer In Malpractice Coverage Dispute

ST. LOUIS - A Missouri appeals panel on April 23 affirmed a lower court's finding that a 2009 insurance policy did not apply to the causes of action in an underlying legal malpractice action, further affirming that the insurer did not act in bad faith in refusing to settle the suit (The Bar Plan...

Smaller Companies Should Consider Cyber-Liability Insurance

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services Smaller companies increasingly are the subject of data breaches and those smaller companies "are the number-one target of cyber-espionage attackers," according to a recent study detailed in a April 24, 2013...

Massachusetts Rejects “In For One, In for All” Theory in Title Insurance Coverage

By Richard D. Vetstein, ESQ One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender having no legal ability to enforce the mortgage! (A slight problem..) GMAC Mortgage learned this the hard way at the Supreme Judicial...

Neal, Gerber & Eisenberg LLP: Missouri Court Applies “All Sums” Allocation to Long-Tail Environmental Coverage Dispute

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers ], held that excess liability insurers were...

Traub Lieberman Insurance Law Blog: Oklahoma Court Addresses Time Element Pollution Exclusion

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the...

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration

On April 19, the Eighth Circuit affirmed the United States District Court for the Eastern District of Missouri's September 4, 2012 decision in Union Electric Company v. Aegis Energy Syndicate 1225 , holding that a policyholder could avoid arbitration based on an Endorsement that conflicted with a...

Illinois Panel: No Coverage For Claims That Meat Producer Illegally Used Hormones

CHICAGO - The First District Illinois Appellate Court, Fifth Division, on May 10 affirmed a lower court's ruling that an insurer has no duty to defend its meat-producing insured against federal criminal allegations that it illegally used hormones in the production of veal (Indiana Insurance Co. v...

Judge: World Trade Center Properties Cannot Recover Against Aviation Defendants

NEW YORK — (Mealey’s) World Trade Center Properties LLC and its holding companies’ $4.09 billion insurance recovery stemming from the Sept. 11, 2001, terrorist attacks corresponds to and offsets their maximum potential tort damages recovery of $2.8 billion, a New York federal judge...

Rx For Litigation: New Inpatient Rule May Lead To More Medical Malpractice Suits

Our circumstances are often defined by fateful decisions. Those decisions can be our own, those made by others (with or without our knowledge or consent), or both. That’s particularly true with regard to our personal health. You climb a wonky ladder to adjust a second-story TV antenna, for example...

insurance on building

Gecko lizard on car

tree damage to house

Super Models Are Looking Better Than Ever - What Does That Mean For Insureds?

By J. Wylie Donald A recent article in Best’s Review , The Rise of the Super Models, by Kate Smith (not Kate Upton, sorry), caught our eye. A lot is going on in the world of computer catastrophe modeling. First, demand by insurers and reinsurers is up and modeling firms are “broadening...

Is That Covered? Life Insurance For Sick Infant (Fair Warning - This Is an Emotional One)

By Michael R. Kelley Imagine you, as grandparents, had planned for months to purchase a life insurance policy on your soon-to-be-born-grandchild. You intended it as a gift to your daughter and her husband. But, your grandchild is born with a number of health problems and, in addition to your fears...

Agent Owes No Duty to Public At Large – Negligent Procurement Suit Requires Duty to Plaintiff

Insurance agents owe a duty to their customers to obtain the insurance the customer asks that be obtained. When an insurance agent obtains the insurance limits requested by the insured may a third party, injured by the insured, sue the agent because there was not sufficient insurance to pay for the damages...

December Publication for Insurance Law’s Authoritative Source! New Appleman on Insurance Law Library Edition, Volume 12 – Litigation, Arbitration and Settlement

The New Appleman on Insurance Law Library Edition will launch its new Volume 12 in December. It is devoted to litigation, arbitration and settlement of insurance coverage disputes and is written by nationally known experts in insurance coverage litigation, including Laura A. Foggan , Lorelie S. Masters...

LexisNexis Authors To Speak At Rutgers Center for Risk and Responsibility Conference On The Principles/Restatement Of The Law Of Liability Insurance

On February 27, 2015, the Rutgers Center for Risk and Responsibility will be holding on a conference on the provocative and much anticipated Principles/Restatement of the Law of Liability Insurance now being developed by the American Law Institute. Presentations planned for the conference on various...

California’s Insurance Fraud Prevention Act: 3 Unsettled Issues The Health Sector Should Understand

By Todd M. Noonan and David A. Cheit , Attorneys, DLA Piper California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), [ enhanced version available to lexis.com subscribers ], is an unusual false claims statute. It allows “interested persons” (aka...

Florida Implementing New Insurance Agency Licensing Law

In 2014, the Florida Legislature enacted a law that makes significant changes to the way insurance agencies are licensed in Florida. The new law amends Florida’s insurance agency licensure law, and is intended to streamline the licensing process and better align the regulation of insurance agencies...