Insurance Law

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Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
Posted on 5 Jul 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that... Read More

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World
Posted on 11 Sep 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP Will More Money Now, Err, Flo? In my house, if my wife says something, and her mother agrees, then it is a fact. I could dig up Aristotle and even he couldn't convince that duo otherwise. That... Read More

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year
Posted on 23 Feb 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put... Read More

California Supreme Court Issues Long-Awaited Allocation Decision: Adopts The “One Giant ‘Uber Policy’” Approach
Posted on 24 Aug 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP What do you call it when parties in California can get together and settle a trigger and allocation case? A Montruce. That didn't happen in State of California v. Continental Insurance Company... Read More

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims
Posted on 27 Oct 2011 by Randy J. Maniloff

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South... Read More

District Court Makes Illi-noise Whether Policy Language Can Alter A Long-Standing Duty To Defend Rule
Posted on 4 Jun 2012 by Randy J. Maniloff

Court Prevents Insurer From De-fending For Itself Randy J. Maniloff, White and Williams, LLP This is the first issue of Binding Authority in over a month. That's a long time between issues, as the publication schedule in 2012 has generally... Read More

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees
Posted on 12 Dec 2011 by Randy J. Maniloff

Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.? "I say put money in thy purse." Othello Act 1, scene 3 Randy J. Maniloff, White and Williams, LLP Don't be fooled... Read More

New York’s Highest Court Perplexcess Insurers
Posted on 22 Jun 2011 by Randy J. Maniloff

Asbestos - But More - If the decision can make it here, it can make it anywhere Randy J. Maniloff, White and Williams, LLP Come on, isn't it annoying that New York's highest court is called the Court of Appeals of New York and not... Read More

Naan Bread. Make That No Bread For Policyholder. 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant
Posted on 5 Jul 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP This spring the 11th Circuit Court of Appeals held that the aroma of Indian food is a pollutant within the terms of a pollution exclusion. Despite its best effort to curry favor with the court, the policyholder... Read More

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger
Posted on 11 Apr 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation This is the third issue in a row of Binding... 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

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer
Posted on 25 Jan 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all... Read More

Continuous Trigger: The ShamWow of Coverage Issues – Sucking Insurers Dry of Much More Than Would Seem Possible
Posted on 17 Oct 2011 by Randy J. Maniloff

Federal Court Rejects Continuous Trigger for Construction Defects Randy J. Maniloff, White and Williams, LLP We've all had a waiter use a towel to hold a plate and then put it down in front of us with the warning to be careful because... Read More

Seven Mississippi Rush: State’s Appeals Court Allows Excess Insurer to Get Two Hands on Negligent Defense Counsel
Posted on 12 Jun 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP This is usually the part of Binding Authority where I say something silly - sometimes Sophomoric - and then attempt, with mixed results, to connect it to the coverage decision under review. Some of you... Read More

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant
Posted on 8 Mar 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP There are two significant Pollution Exclusion cases where I've been looking forward to a decision - the Indiana Supreme Court's in State Automobile Mut. Ins. Co. v. Flexdar and the Wisconsin Supreme... Read More