Insurance Law

Recent Posts

Breach the Duty to Defend: Court Has Sobering Words for Insurers on the Rates to Be Paid to the Insured’s Counsel: “Reasonableness Inquiry Is Inappropriate”
Posted on 12 Nov 2015 by Randy J. Maniloff

The rates to be paid to the insured’s personal counsel is often-times an issue where there is not a lot of common ground between insurers and insureds. The issue arises in a few of different contexts: an insurer is obligated to defend an insured... Read More

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law
Posted on 1 Nov 2012 by Neal Gerber Eisenberg

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP As policyholder counsel in Illinois, we often must explain to our colleagues in California why there is no "bad faith" cottage industry among the Illinois bar. Taking the words... Read More

A Win For Insurers: Nevada Supreme Court Adopts “Cumis” Rule
Posted on 21 Oct 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes Answering a Certified Question from a Nevada District Court, the Supreme Court of Nevada held as follows in State Farm v. Hansen, No. 64484 (Nev. Sept. 24, 2015), [subscribers can access an... Read More

Can a Suit Seeking Only Injunctive Relief and Prevailing Party Attorney Fees Trigger a CGL Insurer’s Duty to Defend?
Posted on 13 Mar 2014 by Seth Lamden

By Seth Lamden According to the court in Episcopal Church in South Carolina v. Church Insurance Company of Vermont , No. 2:13-cv-02475 (D.S.C. Jan. 6, 2014), the answer is “yes.” The court in that case [ enhanced version... Read More

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict
Posted on 3 Nov 2015 by Andrew B. Downs

The Nevada Supreme Court has adopted the "Cumis" independent counsel doctrine first adopted in California more than 30 years ago. In State Farm Mut. Auto. Ins. Co. v. Hansen , 131 Nev. Adv. Op. 74 (9/24/2015), [subscribers can access an enhanced... Read More

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees
Posted on 12 Dec 2011 by Randy J. Maniloff

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... Read More