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...

Seven Mississippi Rush: State’s Appeals Court Allows Excess Insurer to Get Two Hands on Negligent Defense Counsel

Randy J. Maniloff, White and Williams, LLP This is usually the part of Binding Authority where I say something silly - sometimes Sophomoric - and then attempt, with mixed results, to connect it to the coverage decision under review. Some of you have told me that this is also the only part of Binding...

Peach Clobber: Georgia Appeals Court Knocks Out the “Assault & Battery” Exclusion

Another Court Uses the Presumption of Self-Defense to Find Coverage for an A&B Claim Randy J. Maniloff, White and Williams, LLP As a short guy with glasses, not to mention at one point in time having a keen interest in the Dewey Decimal System, I've made it my business not to become familiar...

New York’s Highest Court Perplexcess Insurers

Asbestos - But More - If the decision can make it here, it can make it anywhere Randy J. Maniloff, White and Williams, LLP Come on, isn't it annoying that New York's highest court is called the Court of Appeals of New York and not the New York Supreme Court. Because it's not, you...

Naan Bread. Make That No Bread For Policyholder. 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant

Randy J. Maniloff, White and Williams, LLP This spring the 11th Circuit Court of Appeals held that the aroma of Indian food is a pollutant within the terms of a pollution exclusion. Despite its best effort to curry favor with the court, the policyholder was shown the tandoori. It is a decision that...

Don’t Mess With Texas’s Duty to Defend: High Court Continues To Adhere To Its Unique Rule That The Duty To Indemnify Is Broader Than The Duty To Defend

Randy J. Maniloff, White and Williams, LLP In New Jersey the Duty to Defend is the Duty to Depend, as coverage for defense costs is limited to claims that are ultimately covered under the policy. In California, and other states, the Duty to Defend is the Duty to Lend, as an insurer that defends can...

Jungleland: New Jersey and the Duty to Defend

Big Man ‐ ifesto From The Supreme Court Applying A Broad Duty to Defend Randy J. Maniloff, White and Williams, LLP "There's an old joke - um... two elderly women are at a Catskill mountain resort, and one of 'em says, 'Boy, the food at this place is really terrible.' The...

Continuous Trigger: The ShamWow of Coverage Issues – Sucking Insurers Dry of Much More Than Would Seem Possible

Federal Court Rejects Continuous Trigger for Construction Defects Randy J. Maniloff, White and Williams, LLP We've all had a waiter use a towel to hold a plate and then put it down in front of us with the warning to be careful because the plate is very hot. Of course, when he's not looking...

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South Carolina has issued its opinion in the very closely...

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees

Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.? "I say put money in thy purse." Othello Act 1, scene 3 Randy J. Maniloff, White and Williams, LLP Don't be fooled by the Shakespeare quote. I'm not that smart. I wouldn't...

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all have our roles to play. I love a good bar fight...

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 the radio. And, voila, off I go. But, apparently...

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 Court's in Hirschhorn v. Auto Owners Ins ...

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 blur together and they are hard to remember two...

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger

By Randy J. Maniloff, White and Williams, LLP Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation This is the third issue in a row of Binding Authority to address the Pollution Exclusion. A three...

District Court Makes Illi-noise Whether Policy Language Can Alter A Long-Standing Duty To Defend Rule

Court Prevents Insurer From De-fending For Itself Randy J. Maniloff, White and Williams, LLP This is the first issue of Binding Authority in over a month. That's a long time between issues, as the publication schedule in 2012 has generally been an issue every 7 to 10 days. But, simply put...

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that has both covered and uncovered claims. The insurer settles...

California Supreme Court Issues Long-Awaited Allocation Decision: Adopts The “One Giant ‘Uber Policy’” Approach

By Randy J. Maniloff, White and Williams, LLP What do you call it when parties in California can get together and settle a trigger and allocation case? A Montruce. That didn't happen in State of California v. Continental Insurance Company . The Supreme Court of California HAS handed down...

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World

By Randy J. Maniloff, White and Williams, LLP Will More Money Now, Err, Flo? In my house, if my wife says something, and her mother agrees, then it is a fact. I could dig up Aristotle and even he couldn't convince that duo otherwise. That is not unlike what happened to Progressive Insurance...