Insurance Law

Recent Posts

California Appellate Court Rejects Insurer’s Attempt to Apply Multiple Self-Insured Retentions To a Single Lawsuit
Posted on 23 Jul 2010 by Erica Villanueva

By Erica Villanueva, Associate, Farella Braun + Martel In Clarendon America Insurance Company v. North American Capacity Insurance Company , E048176, 4th Dist. Ct. App. (Super. Ct. No. CIVRS701868), a new California Court of Appeal decision, the... Read More

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence
Posted on 11 Jan 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction work being performed by contractors on a building owned by... Read More

If You Build It, He Will Come (And Sue You)
Posted on 28 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LLP 3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law The recent construction of New Meadowlands stadium in New Jersey – home of the Giants and Jets – has... 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

For Insurers In Pennsylvania: Courts Continue to Sing The Praises of Kvaerner And Gambone
Posted on 27 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LL Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin’ true especially for me And the reason is... 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 Grim Reaper Pays Nothing: Body Lost – Suit Follows
Posted on 6 Mar 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company's Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and sought... Read More

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence
Posted on 8 Mar 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying... 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... Read More

Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Posted on 27 Dec 2010 by Randy J. Maniloff

I am serious. And stop calling me Shirley. By Randy Maniloff, Partner, White and Williams LLP Chinese drywall -- litigation over the smell of a rotten egg, uh, rolls on. For some insurers, Chinese drywall is a potentially large exposure. With... Read More

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue
Posted on 14 Nov 2011 by Randy J. Maniloff

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting... Read More

Reaction to the Recent Climate Change Insurance Coverage Decision by the Virginia Supreme Court
Posted on 26 Sep 2011 by John G. Nevius

By John G. Nevius, Esq., P.E. The September 16 decision in Virginia allowing a subsidiary of Zurich to avoid its duty to defend a climate-change related claim is ironic. On the one hand, anthropogenic links to climate change are the subject of considerable... Read More

Trespass Can Never be an Accident
Posted on 10 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance Is Insurance is a contract where a person (the insurer) agrees to indemnify another (the insured) against certain defined risks of loss, damage, or liability arising from a contingent or unknown... Read More