Coverage College Flunkie: Me

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the way, a good time was had by all] and discussed, among...

Use of Extrinsic Evidence and Quantitative Analysis in PPL Corp. v. Comm'r

Despite the quantity of ink spilled by the Tax Court in its lengthy review of the factors which govern a creditable foreign income tax, the key takeaway for corporate tax counsel and their advisors from PPL Corp. & Subsidiaries v. Comm'r , 2010 U.S. Tax Ct. LEXIS 31 (T.C. Sept. 9, 2010) is the...

SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured

By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require consideration of other evidence ("extrinsic evidence"...

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...

Class Action Certified for Lender Requiring More Flood Insurance

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower to buy sufficient insurance. In Stanley Kolbe v...

Massachusetts Court Allows Consideration of Extrinsic Evidence

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in BioChemics, Inc. v. AXIS Reinsurance Co ., 2013 U.S. Dist. LEXIS 111218 (D. Mass. Aug. 7, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the District...

The “True Facts” Exception To The Four Corners-Duty To Defend Rule

By my count, about 35 or so states, give or take, allow for the consideration of extrinsic evidence, in one form or another, to determine an insurer’s duty to defend. In other words, they allow for the consideration of information, beyond what’s contained in the complaint itself, to determine...

Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend

In its decision in Burlington Ins. Co. v. CHWC, Inc ., 2014 U.S. App. LEXIS 3941 (9 th Cir. Mar. 3, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Ninth Circuit, applying California law, had occasion to consider an insured’s obligation...