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...

Barry J. Fleishman and Erica J. Dominitz on “The Perils of E-Discovery—Landmines for the Client and the Counsel”

In their article appearing in the March/April 2010 issue of Coverage , "The Perils of E-Discovery-Landmines for the Client and the Counsel," Barry J. Fleishman and Erica J. Dominitz warn, "E-discovery case law makes clear that lawyers today must possess a fair amount of technological proficiency...

James M. Hofert and Jennifer K. Gust on “Time-Sensitive Demands”

In their article appearing in the March/April 2010 issue of Coverage, "Time-Sensitive Demands," James M. Hofert and Jennifer K. Gust initially describe the debate as to the legitimacy of time-sensitive demands. Such a demand is a settlement offer made by an underlying plaintiff that the defendant's...

Lorelie S. Masters and Jerold Oshinsky on “Is ‘Fair’ Fair?: ‘All Sums’ and the Allocation of Deductibles”

Much has been written on the issue of allocating an insured's liability across policy limits under general liability insurance policies. The article "Is 'Fair' Fair?: 'All Sums' and the Allocation of Deductibles," by Lorelie S. Masters and Jerold Oshinsky, appearing in the...

David S. Evinger and Gerardo Alcazar on “How Fast Can a Fire or Explosion Case Be Extinguished?: Recent Developments Involving NFPA 921: Guide for Fire and Explosion Investigations”

By David S. Evinger and Gerardo Alcazar of Robins, Kaplan, Miller & Ciresi In their article appearing in the March/April 2010 issue of Coverage , “How Fast Can a Fire or Explosion Case Be Extinguished?: Recent Developments Involving NFPA 921: Guide for Fire and Explosion Investigations...

Insurance Coverage for SEC Investigations

By Gregory S. Wright and Richard A. Kirby, Partners, K&L Gates In their article appearing in the November/December 2010 issue of Coverage , Insurance Coverage for SEC Investigations , Gregory S. Wright and Richard A. Kirby report that in several recent court decisions coverage has been found...

Exclusions Got You Down? Consider Coverage for Ensuing Losses

Tred R. Eyerly, Damon Key Leong Kupchak Hastert In his article “ Exclusions Got You Down? Consider Coverage for Ensuing Losses ” appearing in the January/February 2011 issue of Coverage, Tred R. Eyerly of Damon Key Leong Kupchak Hastert in Honolulu, Hawaii, first notes that although a...

COVERAGE MEDIATIONS: Are they really that different?

By Paul J. Van Osselaer, Van Osselaer & Buchanan LLP In his article, “COVERAGE MEDIATIONS: Are they really that different?” appearing in the January/February 2011 issue of Coverage , coverage mediator Paul J. Van Osselaer of Van Osselaer & Buchanan LLP asserts that coverage mediations...

Irrelevant Innocence: The Interplay Between Innocent Insured Provisions and Prior Knowledge Provisions in Claims-Made Policies

By Charles Lemley and Kimberly Ashmore, Attorneys, Wiley Rein LLP In their article, “Irrelevant Innocence: The Interplay Between Innocent Insured Provisions and Prior Knowledge Provisions in Claims-Made Policies,” Charles Lemley and Kimberly Ashmore of Wiley Rein LLP address perceived...

Lost a Duty to Defend? The Duty to Defend under a Missing Liability Policy

By G. David Godwin, Partner, Carroll, Burdick & McDonough LLP In his article, “ Lost a Duty to Defend? The Duty to Defend under a Missing Liability Policy, ” appearing in the January/February 2011 issue of Coverage, G. David Godwin of Carroll, Burdick & McDonough LLP, explores...