Insurance Law

Recent Posts

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

Broker May Be on the Hook for Insured’s Failure to Provide Timely Notice Of a $5M Claim
Posted on 30 Oct 2014 by Randy J. Maniloff

When an insured is denied coverage for a claim it is not unusual for someone to suggest that the fault lies with the insured’s broker for its failure to have obtained it. [On one hand, broker liability cases are not true coverage cases. On the... Read More

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy
Posted on 25 Aug 2014 by Troutman Sanders

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable... Read More

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement
Posted on 27 Oct 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S... Read More

New York Court Holds Disclaimer Letter Untimely
Posted on 4 Nov 2015 by Brian Margolies

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co ., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1 st Dep’t Oct. 8, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the... Read More

Fifth Circuit Holds Insurer Waived One-Year Reporting Requirement in Pollution Buy-Back Endorsement
Posted on 24 Aug 2015 by Brian Margolies

In its recent decision in Cox Operating, L.L.C. v. St. Paul Surplus Lines Ins. Co., 2015 U.S. App. LEXIS 13318 (5 th Cir. July 30, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the United States Court... Read More

There’s Been No “Tender” – Does Insurer Still Need To Respond?
Posted on 28 Jul 2015 by Randy J. Maniloff

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the... Read More

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage
Posted on 24 Apr 2014 by Mealeys

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which... Read More

New Jersey Court Holds Demand Letter Is A Claim
Posted on 26 Oct 2015 by Brian Margolies

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court... Read More

Oops, Insurer’s Poorly Drafted Language Applied As Written; Double Oops, Insured Can’t Complain When New York Law is Applied After It Chose to Reject Missouri Tax
Posted on 19 Aug 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The... Read More

Is that Covered? Reservation of Rights Letter
Posted on 22 Jan 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim... Read More