Insurance Law

Recent Posts

Why Insurance is Expensive – Statutes to Protect Consumers Not Intended to Allow Insureds to Profit
Posted on 6 Aug 2015 by Barry Zalma

States, like Pennsylvania, have enacted statutes to protect consumers from insurers who cancel insurance without proper reason and after a policy has been in effect for more than 60 days. These statutes are intended to protect the consumer not give an... Read More

Is That Covered? Lost Insurance Policy
Posted on 13 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley Many liability policies are triggered when an event giving rise to a covered claim occurs , rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage - the... Read More

A Much Needed New Resource from LexisNexis for Professionals Who Work at the Intersection of Insurance Coverage and Intellectual Property Claims
Posted on 3 Dec 2015 by LexisNexis Insurance Law Newsroom Staff

LexisNexis is pleased to present a new publication, Insurance Coverage for Intellectual Property Claims: Personal and Advertising Injury, Media Liability and Cyber Claims. It brings clarity to several overlapping forms of insurance coverage that can potentially... Read More

7th Circuit Rejects Attempt to Reopen Insurance Litigation Final Judgment Under Rule 54(b)
Posted on 19 Dec 2014 by Foley & Lardner LLP

Last month, we wrote about the Seventh Circuit’s willingness to reopen a 23-year old judgment under Rule 60 of the Federal Rules of Civil Procedure. But in Selective Insurance Co. v. City of Paris , the court reminded parties once again that modifying... Read More

A Zealous Defense Can Affect Insurance Coverage
Posted on 26 Feb 2015 by Dennis Cusack

By Dennis Cusack A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that while the... Read More

Encore: The Springsteen-Quoting Coverage Case Judge Strikes Again
Posted on 26 Mar 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I wrote about a recent opinion , from Judge Jonathan Goodman, of the Southern District of Florida, quoting lyrics from Bruce Springsteen’s song, “No Surrender,” to make the point that, while not... Read More

Interesting Case In The “What’s An Accident?” Category
Posted on 2 Mar 2015 by Randy J. Maniloff

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are... Read More

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit
Posted on 25 Aug 2015 by Barry Zalma

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015... Read More

California Courts Continue Carefully to Review and Apply Claims-Made-And-Reported Provisions As Drafted
Posted on 9 Apr 2014 by Troutman Sanders

Within the past year, two federal district courts in California issued decisions that analyzed how coverage triggers operate under a claims-made-and-reported policy. Ace Capital Ltd. v. ePlanning, Inc. , 2013 U.S. Dist. LEXIS 32613, *23-26 (E.D. Cal.... Read More

Is That Covered? Reservation of Rights
Posted on 12 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley If a policyholder is sued, she can tender the defense of that suit to her insurance company. If the insurance company believes that there may not be coverage, but cannot make a clear determination based upon the complaint filed... Read More

Thanksgiving and Insurance Coverage: They Go Together Like Peas and Carrots
Posted on 26 Nov 2013 by Randy J. Maniloff

You would think that Thanksgiving is one of a few days a year when insurance coverage could just take a break. A day when insurance policies and claims could just sit down on the sofa and drift into a deep turkey-induced nap. But insurance coverage gets... Read More

Perkins Coie LLP on Denial of Coverage to Direct Action Statute Claimant for Failing to Report the Claim to the Insurer During the Policy Period Provides Reason to Review Notice Rules and Pertinent Recent Developments
Posted on 27 Mar 2013 by Perkins Coie

By Stephen M. Feldman and Nicholas P. Gellert, Attorneys, Perkins Coie LLP Although the case arose within the unique framework of Louisiana's Direct Action Statute and was said to be an issue undecided by the Louisiana Supreme Court requiring an... Read More

Insured Not Entitled to Coverage for Third Party Loss Where Indemnity Policy’s Coverage Grants Require “Direct Loss”
Posted on 18 Nov 2015 by Troutman Sanders

In Taylor v. Fed. Ins. Co. , the court held that the insured, an accounting firm that performed business management services, account oversight and tax planning, could not show it was entitled to coverage because the losses of client funds did not qualify... Read More

Advertising Injury Coverage: Defense by Independent Counsel Dangerous
Posted on 13 Feb 2014 by Barry Zalma

In June 2006, Theodore W. Lay, d/b/a Ted Lay Real Estate Agency (Lay), faxed an advertisement in regard to the sale of a particular property to Locklear Electric, Inc. (Locklear), and others. Because the facsimile message (fax) recipients had not given... Read More

Coverage College Flunkie: Me
Posted on 25 Oct 2010 by Randy J. Maniloff

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the way... Read More