Insurance Law

Recent Posts

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

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

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”
Posted on 26 Aug 2014 by Troutman Sanders

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to lexis.com subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the... Read More

“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”
Posted on 31 Jul 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events... 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

Colorado Supreme Court: No Prejudice Required For “Claims Made” Policy Breach
Posted on 14 Apr 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes In what can hardly be viewed as a surprising decision, the Colorado Supreme Court held in Craft v. Philadelphia Indemnity, No. 14SA43 (Colo. Feb. 17, 2015), [ enhanced version available... Read More

Want Coverage for Construction Related Damage? You Need an Occurrence
Posted on 12 Mar 2013 by Christopher G. Hill

In reading the title to this post, you are likely thinking "Duh, of course you do, if nothing "occurs" then there is nothing to cover!" (or something to that effect). While this seems an obvious conclusion, we're talking the world... Read More

I See Dead People Causing Coverage Disputes
Posted on 12 May 2014 by Randy J. Maniloff

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go... Read More

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”
Posted on 9 Apr 2015 by Randy J. Maniloff

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can... Read More

A Really Curious Coverage Case
Posted on 27 Jul 2015 by Randy J. Maniloff

Regular readers of CO know that I constantly discuss how challenging “what is an accident” cases can be. The question whether an event qualifies as an “accident,” to trigger liability coverage, is the oldest and one of the most... Read More

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense
Posted on 5 Feb 2015 by Troutman Sanders

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person... Read More

Killing Two Is Not an Accident – Three Shots at Head Not an Occurrence
Posted on 4 Nov 2014 by Barry Zalma

After State Farm intervened in a wrongful death action the trial court granted the insurer summary judgment and found State Farm owed neither defense nor indemnity to a person who was convicted of negligently killing two people by firing three shots at... Read More

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.
Posted on 30 Aug 2012 by Cynthia S. Betz

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery... Read More

Neighbors Who Hate Each Other and Insurance Coverage
Posted on 9 Feb 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes In Lawellin v. Kemper Independence Ins. Co., No. 14-315, 2014 U.S. Dist. LEXIS 164293 (C.D. Cal. Nov. 21, 2014), [ enhanced version available to lexis.com subscribers ], the California federal... Read More