Insurance Law

Recent Posts

E.D. PA: Home Heating Oil is Not a “Pollutant”
Posted on 28 Jan 2009 by Randy J. Maniloff

Most people familiar with Pennsylvania law concerning the Pollution Exclusion were probably surprised by a recent decision from the Eastern District of Pennsylvania. In Whitmore v. Liberty Mutual Fire Insurance Company , 2008 U.S. Dist. LEXIS 76049... Read More

ABA COVERAGE
Posted on 14 Nov 2009 by LexisNexis Insurance Law Newsroom Staff

Welcome! We've designed this resource to provide you with abstracts of and links to current articles from Coverage , the official, journal-quality publication of the ABA Committee of Insurance Coverage, Section of Litigation. Coverage contains articles... Read More

SNR Denton on Whittier Properties, Inc. v. Alaska National Insurance Co. -- The Supreme Court of Alaska Rules that the Absolute Pollution
Posted on 24 Jun 2008 by Daniel E. Feinberg

In Whittier Properties, Inc. v. Alaska National Insurance Co ., 2008 Alas. LEXIS 84 (Ala. June 13, 2008), the Supreme Court of Alaska held: (1) that the absolute pollution exclusion (applicable to “bodily injury” and “property damage”... Read More

US – Recent Cases – September, 2009
Posted on 23 Sep 2009 by Jonathan Glusman

ARBITRATION CLAUSE SURVIVES ASSIGNMENT OF REINSURANCE CLAIMS BY LIQUIDATOR A federal district court rejected an argument that reinsurance arbitration clauses are not enforceable against a company that takes an assignment of claims from a state liquidator... Read More

Behind the Scenes at the HB Conference on Emerging Trends in Asbestos Litigation
Posted on 9 Mar 2009 by Scott Godes

For those of you who are not able to attend the HB Litigation Conferences (formerly Mealey's Litigation Conferences) "Emerging Trends in Asbestos Litigation" conference starting tomorrow (Monday, March 9, 2009), I'm going to be blogging... Read More

N.Y. Governor Vetoes Late Notice Bill
Posted on 22 Aug 2007 by Steve Berstler

New York Governor Elliot Spitzer has vetoed legislation that would have prohibited insurers from denying coverage based on late notice of claims unless they could demonstrate resulting "material prejudice" and allowed claimants to file direct... Read More

Randy Maniloff's Insurance-Palooza: An Impressive All-Day Sucker
Posted on 25 Jan 2008 by Karen C. Yotis

For Nine-Inch Nails fans and the rest of the mosh pit crowd, “Lollapalooza” was a traveling music festival that brought alternative rock, hip hop and punk music—along with certain other fringe elements—to cities throughout the... Read More

New Jersey Appellate Court Uses Nifty Trick To Treat An Insured To Coverage For Assault & Battery
Posted on 2 Nov 2009 by Randy J. Maniloff

I can remember as a kid, coming home after a night of trick or treating, pouring my take out on the kitchen table and being intoxicated by what lay before me. There they were -- little Mr. Goodbars, shrunken boxes of Milk Duds, mini Reese’s Peanut... Read More

Seller Of Lead-Tainted Toys Made In China Entitled To Defense
Posted on 17 Jul 2008 by Vivi Gorman, HB Litigation Conferences

An Illinois judge recently ruled that a defense is owed to company that sold toys made in China painted with lead and was sued for alleged resulting injuries and property damage. U.S. Judge William T. Hart of the Northern District of Illinois ruled that... Read More

Misdirection: The (Rising?) Use of Unstated Exclusions to Deny Coverage
Posted on 30 Nov 2009 by Peter M. Gillon

In magic it is called misdirection. “Look at the floating bikini-clad lass seeming to defy gravity,” the magician suggests, “and look at the hoop passed around her to prove there are no wires; but ignore the fact that the hoop has gaps... Read More

Come out, come out wherever you are: a primer on finding missing policies
Posted on 20 Aug 2008 by Scott Godes

If your company ever faces claims that go back a number of years or even decades, as often is the case with latent injury claims, your company may have old insurance policies that provide coverage for such claims. But those old policies probably are not... Read More

No Cash For Flunkers: California Appeals Court Penalizes Insureds that Do Not Follow the ABCs of Risk Management
Posted on 7 Sep 2009 by Randy J. Maniloff

It has always appeared to me that folks from the commercial underwriting and claims departments must not sit together in the company cafeteria. A lack of communication and shared experiences between these two groups is the only explanation for how they... Read More

Texas Court Finds Asbestosis Exclusion Applies Only to Asbestosis
Posted on 21 Mar 2009 by Rhonda Orin

Nueces County, TX Policyholders facing liability because of asbestos claims will benefit from a March 11 Texas state court ruling. The "asbestosis" exclusion bars coverage only for asbestosis claims and does not bar coverage for claims involving... Read More

Policyholders to Court: You Must Be Having a Slurpee Brain Freeze
Posted on 24 Aug 2009 by Randy J. Maniloff

Some policyholders get all wee-weed up when they see insurers asserting the pollution exclusion in circumstances that they believe simply go too far as to what’s a pollutant. Policyholders in that category would be well-served to stay clear of the... Read More

Insurance Coverage for Cyberattacks
Posted on 13 Jul 2009 by Scott Godes

If your business suffered the same sort of cyberattacks alleged to have taken place against "U.S. government Web sites - including those of the White House and the State Department -" over the July 4, 2009 holiday weekend, would your insurance... Read More