McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability policies. In a recent decision with potentially...

No ERISA Preemption for Unfair Insurance Practices in Montana

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §...

Boiler and Machinery Policy Did Not Cover Apples Exposed to Ammonia Refrigerant In Warehouse

By Stuart D. Jones, Shareholder, Bullivant Houser Bailey PC The 9th Circuit Court of Appeals has issued a memorandum opinion in Cowiche Growers, Inc. v. Continental Casualty Company, 2011 U.S. App. LEXIS 18420 (9th Cir. Wash., Sept. 2, 2011) , that affirmed a summary judgment the Honorable Rosanna...

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand for a specific amount. The Ninth Circuit Court...

DLA Piper: Even In the Absence of a Demand, Do Insurers Have Duty to Pursue Settlement? A Ninth Circuit Panel Says Yes

By Joseph G. Finnerty III and Aidan M. McCormack, Partners, DLA Piper Confounding most observers, the United States Court of Appeals for the Ninth Circuit has issued a decision contradicting established insurance law jurisprudence in nearly every state. In Du v. Allstate Insurance Company, the court...