Insurance Law

Recent Posts

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

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

Perkins Coie LLP on It Is Time for Insurers to Get Off the Fence: New York Courts Reject Blanket Reservations
Posted on 3 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Vivek Chopra, partner, and Laura Basford, associate , Perkins Coie LLP This commentary discusses an apparent shift in New York law limiting the effectiveness of an insurance company's blanket reservation of rights letter when it is aware of a... Read More

Chickens And Eggs: What Comes First – Underlying Case Or Coverage Case?
Posted on 4 Jun 2014 by Randy J. Maniloff

It is one of the most frequently occurring and important issues on the coverage landscape. Yet, for some reason, guidance can sometimes be unclear, inconsistent or just plain elusive. Here is the scenario. An insurer is defending its insured in an underlying... Read More

MUST READ Reservation Of Rights Case (A Top 10 Case Of 2014)
Posted on 9 Sep 2014 by Randy J. Maniloff

I’m capable of writing a hyperbolic headline in Coverage Opinions now and then. Really, I am. But this isn’t one of them. If you read only one article in this issue of CO , make it this one. In Builders & Exteriors, Inc. v. Mid-Continent... Read More

Endurance Coverage: “Top Ten Insurance Cases Of The Year” Reaches The Decade Mark
Posted on 10 Jan 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP For the past ten years I have had the privilege of publishing an end-of-year article in Mealey’s Litigation Report: Insurance that discusses the ten most significant insurance coverage decisions from... Read More