Insurance Law

Recent Posts

Texas Appeals Court Provides Roadmap For Punitive Damages Coverage
Posted on 7 Oct 2014 by Randy J. Maniloff

When it comes to the potential availability of coverage for punitive damages there is often more than meets the eye. First, the answer to the oft-asked question, whether punitive damages are insurable in such and such state, is many times provided by... Read More

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]
Posted on 7 Apr 2015 by Randy J. Maniloff

I have said this so, so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims... Read More

Environmental Coverage Summary: 2013 – Environmental Cases Addressing Other Significant Issues
Posted on 3 Mar 2014 by Mealeys

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes... Read More

California Appellate Court Upholds Replacement Cost Condition but Authorizes "Conditional Judgment" for Replacement Cost Benefits
Posted on 8 Jan 2015 by Andrew B. Downs

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover... Read More

Ammonia Spill Constitutes "Direct Physical Loss or Damage" Under Property Insurance Policy, US District Court in NJ Finds
Posted on 2 Dec 2014 by Anderson Kill

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District... Read More