Alan S. Rutkin, Robert Tugander and John W. Egan of Rivkin Radler LLP are the authors of Chapter 39, “Understanding Multiple Insurer Situations,” in the New Appleman Insurance Law Practice Guide . The chapter provides guidance in handling the complex situations that arise when two or more insurance policies potentially apply to a single loss. A frequent cause of contention arises in allocating responsibility...

At the risk of stating the obvious, 2008 has been an historic and memorable year. From the historic presidential election, creating for many a new opportunity for hope, to the floods in the Midwest or the collapse of Wall Street, resulting for many in lost opportunity and fear, 2008 will be a year that is hard to forget. In addition to the major headlines of the year, 2008 was also a memorable year for state and federal...

The Association of Insurance and Risk Managers has published guidelines for its members - buyers of commercial insurance - in their dealings with brokers. The AIRMIC guidelines welcome the industry guidance prepared by the British Insurance Brokers Association and the London and International Insurance Brokers' Association and recently endorsed by the UK Financial Services Authority (click here to see our previous...

The Government Accountability Office recently issued a report regarding its review of the steps made by the National Association of Insurance Commissioners and state regulators to make rules regarding producer licensing, product approval, and market conduct regulation more uniform and reciprocal. While the report notes that progress in these three areas has been made, the GAO believes that several challenges still remain...

A current debate in New York has been whether “other insurance” clauses in contracts of insurance have any effect when a party is named as additional insured. In other words, is all additional insurance primary? Since the Court of Appeals’ decision in Pecker Ironworks of New York, Inc. v. Travelers Insurance Company, 99 N.Y.2d 391 (2003) and, more recently, the First Department’s decision in BP...

The recent financial collapse of American International Group, Inc. (“AIG”) came as a shock to many people. How, they wondered, could one of the largest insurance organizations in the world fall so far and so quickly, to the point of bankruptcy and eventual bailout by the federal government? Equally troubling are the implications of AIG’s collapse on the insurance industry, in terms of the possible future...

There are no standard industry-wide directors and officers’ coverage forms, nonetheless the contractual liability exclusion is a common exclusion in directors and officers coverage. Recently, courts have broadly construed the exclusion, and applied it to any claim remotely relating to a contract. This presents a problem for the insured because most of the transactions taking by directors and officers involve a contractual...

Insurers are faced with the most challenging economic environment in decades. As the economic crisis persists, they are seeking ways to maintain adequate capital, manage risks, retain business and contain costs. 2009 is perhaps the critical year in the current crisis, and how insurers manage uncertainty and change this year likely will determine their long-term success. PwC's report identifies nine significant issues...

Most coverage disputes are resolved by settlement between the insurer and the insured, either before or after coverage litigation is filed. Unlike coverage litigation, settlement involves creating a new contract to govern the relationship between insured and insurer rather than simply interpreting and enforcing the terms of an existing insurance policy. This makes settlement a much more flexible means of resolving coverage...

In sections 41.13 through 41.18 of Chapter 41 of the New Appleman Insurance Law Practice Guide, written by L.D. Simmons, II and Lowndes Christopher Quinlan, examines a multitude of issues that arise under EPL insurance. This glimpse of the chapter examines some of the issues it discusses with respect to the scope of coverage that EPL policies provide. Sections 41.13 observes that although no standard language has...

In sections 41.22 through 41.26 in their chapter on “Understanding Employment Liability Insurance,” in the New Appleman Insurance Law Practice Guide , L.D. Simmons, II and Lowndes Christopher Quinlan provide insights into the many exclusions that are found in EPL policies. Those exclusions fall into two broad categories: those that are related to employment laws and those that are not. Section 41.23 of...

Here’s the answer to this week’s Who Wants to be a Slumdog Millionaire question. (See Slumdog Millionaire box in right column of our web center to play the game!) You can also link to a FREE comprehensive list of Insurance Designations with accompanying organizational information.. Simply logon to your account to access the document containing the answer. If you don’t have an account set up yet, click...

On February 5, 2009, the Florida Office of Insurance Regulation released a report entitled, “Stranger-Originated Life Insurance and the Use of Fraudulent Activity to Circumvent the Intent of Florida’s Insurable Interest Law,” based on testimony and documentation presented public information hearing on the issue of stranger-originated life insurance which “[circumvent] the insurable interest laws”...

The Small Business & Entrepreneurial Council's 13th Annual Small Business Survival Index 2008 ranks the 50 states and D.C. according to some of the major government-imposed or government-related costs affecting investment, entrepreneurship, and business. The Index ranks the states according to their public policy climates for entrepreneurship.

The 2008 State New Economy Index compiled by the Ewing Marion Kauffman Foundation and the Information Technology and Innovation Foundation ranks the economic structure of each state. It asks: "To what degree does the structure of state economies match the ideal structure of the New Economy?" The defining characteristics of the new economy are that it is global, entrepreneurial, and knowledge-based. According...

Sections 41.11 and 41.12 of the 2008 Edition of New Appleman Insurance Law Practice Guide are part of a new chapter, “Understanding Employment Liability Insurance” by L.D. Simmons and Lowndes Christopher Quinlan of McGuire Woods LLP. This excerpt from the chapter explores one of the most vexing issues in the application of Employment Practices Liability (EPL) Insurance: addressing multiple claims. Because...

Attached is a copy of "8th Annual Insurance Coverage Best In Show: The Ten Most Significant Decisions of 2008" --"Special Report: Coverage for Dummies 2008: The Top Ten," an article that Jennifer Wojciechowski and I are publishing in the December 18, 2008 issue of Mealey's Litigation Report: Insurance. To access your copy, register and log on to this site, and click on the link above. This year's...

ACLI has submitted the attached amicus curiae brief with the Nebraska Court of Appeals in Harvey, et al. v. Nebraska Life and Health Guaranty Association, urging affirmance of a Nebraska district court's decision, upon reconsideration, that the Guaranty Association is not obligated to provide coverage to Nebraska residents who invest in viatical settlement companies (in this instance, Future First) that later become...

If the National Insurance Act of 2007 becomes law it may well lead to a revolution in the insurance industry. At present, insurance is regulated state by state. This bill would allow insurance companies to be chartered by the federal government and to be governed by one set of regulations instead of 51. This expert commentary analyzes some of the more significant provisions of the provocative bill, including: • Its...