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SNR Denton on In re County of Erie: Second Circuit Adopts Narrow Rule on At-Issue Waiver of Attorney-Client Privilege

Attorney-client privilege plays a particularly important role in insurance bad faith cases. Those with bad faith claims against insurers commonly view the insurer’s communications with its lawyers and the lawyers’ work product as valuable evidence for proving bad faith. Indeed, when trying...

Appleman on Insurance

Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties and liabilities of agents and brokers; liability...

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold," the requirement of prejudice, and the duty of...

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 Insurance Company of America , No. 100 (Md. 04/25...

Perkins Coie LLP on It Is Time for Insurers to Get Off the Fence: New York Courts Reject Blanket Reservations

By Vivek Chopra, partner, and Laura Basford, associate , Perkins Coie LLP This commentary discusses an apparent shift in New York law limiting the effectiveness of an insurance company's blanket reservation of rights letter when it is aware of a rescission-based defense to coverage. The New York...

Utmost Good Faith – New Appleman on Insurance Law Library Edition, Chapter 76

By Barry Leigh Weissman, Partner, Edwards Wildman Palmer LLP, and Bella Shirin, Associate, SNR Denton US LLP Chapter 76 discusses the role of utmost good faith in reinsurance transactions and dispute resolution. Section 76.01 explains how the English doctrine of uberrimae fidei , first discussed...

The Right to Stack UM Coverage Can Be Waived

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle with their insurer. The Pennsylvania statutes allow...

Another Ineffective Reservation Of Rights Case

After two years of writing Coverage Opinions I know when a case resonates with readers. A case in the last issue of CO resonated. Really resonated. The case was Advantage Builders & Exteriors v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App. Sept. 2, 2014), [ enhanced version available to...