New Jersey Appellate Court Uses Nifty Trick To Treat An Insured To Coverage For Assault & Battery

I can remember as a kid, coming home after a night of trick or treating, pouring my take out on the kitchen table and being intoxicated by what lay before me. There they were -- little Mr. Goodbars, shrunken boxes of Milk Duds, mini Reese’s Peanut Butter Cups, and, if it had been a very good year...

ABA COVERAGE

Welcome! We've designed this resource to provide you with abstracts of and links to current articles from Coverage , the official, journal-quality publication of the ABA Committee of Insurance Coverage, Section of Litigation. Coverage contains articles about important and cutting-edge issues and...

Tyburski on Claims Made: Goals & Laundry Lists

Charley Tyburski, CPCU ARM ARe, is director of claims for Arch Re U.S. in Morristown, N.J. T his clip is taken from his remarks during HB Litigation Conferences’ Claims Made Insurance Litigation Conference held Oct. 7, 2009 in New York City. Tyburski discusses the risk manager’s goals and...

Federal Insurance Co. v. American Hardware Mutual Ins. Co.

In this Expert Commentary, Professor Jeffrey W. Stempel examines Federal Ins. Co. v. American Hardware Mutual Ins. Co. , 2008 Nev. LEXIS 38 (Nev. May 29, 2008). The Court held that an additional insured endorsement providing coverage for claims “arising out of [the named policyholder’s] operations”...

Misdirection: The (Rising?) Use of Unstated Exclusions to Deny Coverage

In magic it is called misdirection. “Look at the floating bikini-clad lass seeming to defy gravity,” the magician suggests, “and look at the hoop passed around her to prove there are no wires; but ignore the fact that the hoop has gaps in it to pass over the wires.” Misdirection...

Zurich’s Brad Gow on Cyber Coverage – Part 1

Brad Gow says the decade-old business of providing coverage for computer networks has changed dramatically in a short time. As senior vice president at Zurich North America focusing on professional liability, Gow says a business that used to be about losses from viruses is now one that also deals with...

Zurich’s Brad Gow on Cyber Coverage – Part 2

Brad Gow says the decade-old business of providing coverage for computer networks has changed dramatically in a short time. As senior vice president at Zurich North America focusing on professional liability, Gow says a business that used to be about losses from viruses is now one that also deals with...

"Dusting Off an Old Law" – Insurance Coverage for Trespass to Chattels Claims

“Trespass to chattels”?!? Isn’t that a doctrine that was dead and buried, brought up only to torment…educate first year law students? Not any more! In the electronic age, the trespass to chattels doctrine has been revived. It has been used for all sorts of claims, including anti...

Nicholas Economidis of Beazley Group on Cyber Risk – Part 1

Nicholas Economidis handles specialty lines for Beazley Group, which includes insurance for cyber and data-related losses. He came to the HB Litigation Conferences offices in Berwyn, Pa., to answer a series of questions relevant to any company that handles or houses data. How has the changing nature...

Nicholas Economidis of Beazley Group on Cyber Risk – Part 2

Nicholas Economidis handles specialty lines for Beazley Group, which includes insurance for cyber and data-related losses. He came to the HB Litigation Conferences offices in Berwyn, Pa., to answer a series of questions relevant to any company that handles or houses data. How has the changing nature...

Nicholas Economidis of Beazley Group on Cyber Risk – Part 3

Nicholas Economidis handles specialty lines for Beazley Group, which includes insurance for cyber and data-related losses. He came to the HB Litigation Conferences offices in Berwyn, Pa., to answer a series of questions relevant to any company that handles or houses data. How has the changing nature...

Coffee Break Series: Strengthen Your Position on Insurance Policy Interpretations

Analyzing insurance policies and preparing coverage opinions are among the most common and important tasks in insurance law practice. Attend this 20-minute Webinar and learn new arguments you can make to strengthen your insurance policy interpretations from Jeffrey E. Thomas, Editor-in-Chief of the New...

Identity Theft and Your CGL Policy

This article appeared in the May/June 2009 issue of Coverage. Author George S. McCall of Sedgwick, Detert, Moran & Arnold LLP, formerly of Kern & Wooley LLP, explores the issue of whether a Commercial General Liability policy provides coverage for the liabilities of cyber attacks on, or the negligent...

Delgado v. Interinsurance Exchange: Analysis of Coverage for Self-Defense

In her article appearing in the November/December 2009 issue of Coverage , “ Delgado v. Interinsurance Exchange : the California Supreme Court Restores Clarity to the Analysis of Coverage for Self-Defense,” Rina Carmel states that over time courts’ analyses of whether policyholders...

Reed Smith LLP on The Fifth Circuit's Decision in Safety National

In Safety Nat’l Cas. Corp. v. Certain Underwriters At Lloyd's, London , --- F.3d ----, 2009 U.S. App. LEXIS 24585 (5th Cir. Nov. 9, 2009), an en banc panel of the United States Court of Appeals for the Fifth Circuit held that a Louisiana anti-arbitration statute did not “reverse-preempt”...

Insurance 101 ─ Insights for Young Lawyers - Assessing Coverage Issues under Additional Insured Endorsements

In his article appearing in the November/December 2009 issue of Coverage , “ Insurance 101 ─ Insights for Young Lawyers : Assessing Coverage Issues under Additional Insured Endorsements,” Seth Friedman observes that while additional insured endorsements can benefit both policyholders and...

CACI Int’l, Inc. v. St. Paul Fire & Marine Insurance Company ─ Courts Continue to Struggle with the Boundaries of the Eight Corners Rule

In their article appearing in the November/December 2009 issue of Coverage , “ CACI Int’l, Inc. v. St. Paul Fire & Marine Insurance Company ─ Courts Continue to Struggle with the Boundaries of the Eight Corners Rule,” John Mumford and Kathryn Kransdorf find that the apparent simplicity...

Reed Smith on Contra Proferentem and the Not So "Hapless" Sophisticated Insured: An Analysis of Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company

Under the doctrine of contra proferentem, insurance policy ambiguities are construed against the insurer, in favor of coverage. In Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company , the Seventh Circuit, in interpreting Illinois law, applied the rule of contra proferentem...

McCarter & English LLP on Viking Pump, Inc. v. Century Indemnity Company

A recent Delaware Chancery Court ruling in Viking Pump, Inc. v. Century Indemnity Company addressed two issues of significant under New York law: allocation of insurance losses and assignment of insurance rights. As to the former, the Court upheld a policyholder’s right to transfer insurance for...

McCarter & English LLO on Martco Ltd. Partnership v. Wellons, Inc.

In Martco Ltd. Partnership v. Wellons, Inc. , No. 08-31247 & No. 08-31248, 2009 U.S. App. LEXIS 25428 (5th Cir. Nov. 19, 2009), the United States Court of Appeals for the Fifth Circuit rejected an insurance carrier’s argument that a commercial general liability (“CGL) policy allegedly...

SEC's New Guidance for Public Companies to Discuss Material Effects of Climate Change on Financial Performance

The SEC yesterday announced new disclosure guidance requiring public companies to discuss material effects of climate change on their financial performance. This new requirement exposes a risk for public companies and their directors and officers who should be insured against securities litigation arising...

Statute of Liberty: New York Appeals Court Frees Huddled Masses of Insurers from the Bonds of Section 3420(d)

Whenever I am involved in a case involving New York Insurance Law § 3420(d) I always make the same two observations: (1) Wow, there sure are a lot of cases on this issue; and (2) Wow, insurers lose pretty much every time. Section 3420(d) is that pesky New York statute that so frequently trips...

Reed Smith LLP on Mortgage Insurers Cannot Cry Insurance Fraud: An analysis of United Guaranty Mortgage Ins. Co., v. Countrywide Financial Corp., et al.

By Lilit Asadourian, Reed Smith LLP In United Guaranty Mortgage Ins. Co. v. Countrywide Financial Corp., et al . , 2009 U.S. Dist. Lexis 96283 (C.D. Cal. 2009), the United States District Court for the Central District of California dismissed with prejudice United Guaranty Insurance Co.'s ("United...

DETERMINING COVERAGE IN PROPERTY INSURANCE POLICIES - New Appleman on Insurance Law Library Edition, Chapter 42

By John Garaffa, Kathy Maus and Julie Simonsen This chapter addresses the issues that can govern whether the loss or damage to particular property falls within the coverage provided by an insurance contract. As in a news story, the critical questions affecting coverage for loss or damage to property...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...