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

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

McCarter and English on New York Courts Continue to Broaden Bad Faith and Extra-Contractual Remedies Against Insurance Companies
Posted on 16 Mar 2012 by LexisNexis Insurance Law Newsroom Staff

By Nicholas M. Insua and Craig W. Davis, Attorneys, McCarter & English, LLP The decision of the New York Supreme Court in Estee Lauder Inc. v. OneBeacon Insurance Group , No. 602379/05, 2012 N.Y. Misc. LEXIS 902, 2012 NY Slip Op 30474U (N.Y. Sup... Read More

Continental Wins $2.4 Million Summary Judgment Ruling against Policyholder
Posted on 17 Nov 2015 by Troutman Sanders

The United States District Court for the Eastern District of Michigan recently granted Continental Casualty Company’s motion for summary judgment and entered judgment in the amount of $2,425,774.84 in favor of Continental against Indian Head Industries... Read More

SNR Denton on Santa’s Best Craft, L.L.C. v Zurich American Insurance Co.: Insurer May Reasonably Dispute Independent Counsel’s Fees Without Risking Estoppel
Posted on 11 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton An Illinois insurer that breaches its duty to defend may be estopped to assert coverage defenses to the duty to indemnify. In Santa’s Best Craft, L.L.C. v Zurich American Insurance Co. , the insured... Read More

Jungleland: New Jersey and the Duty to Defend
Posted on 11 Aug 2011 by Randy J. Maniloff

Big Man ‐ ifesto From The Supreme Court Applying A Broad Duty to Defend Randy J. Maniloff, White and Williams, LLP "There's an old joke - um... two elderly women are at a Catskill mountain resort, and one of 'em says, 'Boy, the... Read More