Insurance Law

Recent Posts

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers
Posted on 28 Sep 2015 by Dennis Cusack

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC , Case No. S211645, then set for oral argument in the California Supreme Court. The Court decided the case on August 10, 2015, [subscribers can access an enhanced... Read More

LexisNexis Author William T. Barker To Speak at 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance."
Posted on 14 Oct 2014 by William T. Barker

On November 4, 2014, LexisNexis author William T. Barker will speak at the 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance... Read More

Under California Law, Absent Extraordinary Circumstances, Insurers Have No Obligation to Pay for Pre-Tender Fees and Costs under Duty to Defend or Reimbursement Policies
Posted on 19 May 2015 by Troutman Sanders

Disputes between policyholders and insurance carriers often arise in the context of an insured’s payments made before providing notice of a claim to its carrier. However, California courts routinely hold that, absent special circumstances discussed... Read More

Excess Insurance: Questions Raised By Qualcomm And Issues Relating To The Duty To Defend
Posted on 14 May 2015 by Seth Lamden

Partner Seth Lamden will be presenting a program entitled "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend" at the American Conference Institute's 2nd National Forum on Insurance Allocation at the... Read More

Three Sheets To The Win: Policyholder Rewarded For Being Drunk
Posted on 16 Jul 2015 by Randy J. Maniloff

The court in IDS Property Casualty Ins. Co. v. Schonewolf, No. 13-6039, 2015 U.S. Dist. LEXIS 67542 (E.D. Pa. May 26, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], gave away the ending right at the get... Read More

No Coverage – No Suit Against Insurer: Insurer May Litigate Coverage Dispute
Posted on 8 Jan 2015 by Barry Zalma

In Quihuis v. State Farm Mut. Auto. Ins. Co ., — Fed.Appx. —-, 2014 U.S. App. LEXIS 24449 (C.A.9 (Ariz.) 12/24/14), [ enhanced version available to subscribers ], the Ninth Circuit Court of Appeal, tracking Arizona law, was asked... Read More

Ricky's Believe It Or Not
Posted on 3 Mar 2015 by LexisNexis Insurance Law Newsroom Staff

By Julius F. "Rick" Parker III As an attorney for more than sixteen years, and a practitioner of insurance bad faith for nearly eleven years, I have seen virtually every kind of bad faith set-up one could imagine. I have shared my observations... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Supreme Court Awards the Entire Kitchen For Insurer’s Breach Of the Duty To Defend
Posted on 19 Dec 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More

Court Holds That a Coinsurer’s Notice of a Claim Brought Against a Mutual Insured Qualified as a Valid Tender Despite Policy Provision Requiring the Insured Itself to Provide Notice
Posted on 2 Jun 2015 by Troutman Sanders

Millennium Labs., Inc. v. Darwin Select Ins. Co., 2014 U.S. Dist. LEXIS 170439 (S.D. Cal. Dec. 9, 2014) , [ enhanced version available to subscribers ]. In Millennium , the Southern District of California rejected an insurer’s argument... Read More

Just Because It Looks Like A Duck: When Bodily Injury Is Not “Bodily Injury”
Posted on 28 Apr 2015 by Randy J. Maniloff

Given how broad duty to defend standards generally are, an insurer faced with a complaint, that has a lot to say about an insured’s responsibility for causing bodily injury, may be gun shy about arguing that it does not owe a defense, under a policy... Read More

The Most Important Coverage Case Of 2015; Jeff Waltz Checks In With An Analysis From The Bayou
Posted on 21 Jul 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I discussed the Louisiana Supreme Court’s recent decision in Kelly v. State Farm Fire & Casualty Co., No. 2014-CQ-1921 (May 5, 2015), [subscribers can access an enhanced version of this opinion: Read More

Vicarious Liability & Additional Insured Endorsement – Duty To Defend Based on Extrinsic Evidence
Posted on 23 Jun 2015 by Barry Zalma

Capital City Real Estate, LLC (“Capital City”) initiated a declaratory judgment action in the District of Maryland, seeking a declaration that Certain Underwriters at Lloyd’s London (“Underwriters”) were obligated to defend... Read More

More On The Duty To Defend -- And When It Might Never End
Posted on 3 Feb 2015 by Randy J. Maniloff

Whether an insurer’s duty to defend attaches arises in every liability claim. In the November 5, 2014 issue of Coverage Opinions I addressed the less-frequent issue -- when an insurer’s duty to defend un-attaches. The rule in the great... Read More

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge
Posted on 1 Jul 2015 by Tyler C. Gerking

By Tyler Gerking On May 5, the California Supreme Court heard argument, [ briefs available to subscribers ], in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s... Read More

Pennsylvania Court Holds Disputed Allegations In Complaint Do Not Negate Duty to Defend
Posted on 18 Jun 2015 by Brian Margolies

In its recent decision in Navigators Ins. Co. v. Amsterdam , 2015 U.S. Dist. LEXIS 64385 (E.D. Pa. May 18, 2015), [ enhanced version available to subscribers ], the United States District Court for the Eastern District of Pennsylvania had occasion... Read More