Insurance Law

Recent Posts

Insurer’s Unwillingness To Sign a Protective Order In an Underlying Case Leads To Discovery Of Its Reserves
Posted on 30 Oct 2014 by Randy J. Maniloff

The discoverability of an insurer’s reserve information is an issue that does not come with a straightforward, yes or no, answer. The cases can involve unique facts; so their outcomes can be necessarily fact driven. That was certainly the situation... Read More

Court Rules Insurance Companies Must Produce Documents in Coverage Fight With TransCanada
Posted on 26 Aug 2013 by Pamela D. Hans

By Pamela D. Hans , managing shareholder of Anderson Kill's Philadelphia Office On August 15, 2013, the Supreme Court of the State of New York, New York County, rejected arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the... Read More

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters
Posted on 21 Aug 2014 by Randy J. Maniloff

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of... Read More

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims
Posted on 8 May 2014 by Steptoe & Johnson PLLC

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications... Read More

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies
Posted on 5 Aug 2014 by LexisNexis Insurance Law Newsroom Staff

New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to... Read More

Subrogation is Only Either a Tort or Breach of Contract Action: Insurance Irrelevant to Subrogation Action
Posted on 2 Apr 2015 by Barry Zalma

Subrogation lawsuits seek recovery from a tortfeasor who caused damage to property, the risk of loss of which was insured, and allows the insurer to step into the shoes of its insured to recover from the tortfeasor what the insured could have recovered... Read More

Discovery In Reinsurance Allocation Disputes After USF&G v. American Re
Posted on 6 Nov 2013 by Mealeys

By Robert M. Hall I. Introduction Reinsurance allocation disputes arose out of mass torts that extend over multiple years and impact on many individuals or properties i.e. pollution and asbestos-related losses. When a cedent settles such losses, allocation... Read More

Court Rules Insurance Companies Must Produce Documents in Coverage Fight With TransCanada inactive
Posted on 26 Aug 2013 by Anderson Kill

On August 15, 2013, the Supreme Court of the State of New York, New York County, rejected arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection with handling a claim was not discoverable... Read More

Court Refuses to Recognize the Claim File Privilege as Providing a Basis for Refusing to Produce Documents in an Insured’s Claim File during Discovery
Posted on 27 Aug 2015 by Troutman Sanders

In Oahu Air , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Eastern District of California refused to recognize the claim file privilege, finding that federal privilege law did not recognize that privilege... Read More

New York Appellate Court Upholds Finding that Insurance Companies Must Produce Documents in Coverage Dispute
Posted on 27 Feb 2014 by Anderson Kill

The Appellate Division of the Supreme Court of New York, First Department [ enhanced version available to lexis.com subscribers ] has upheld an August 19, 2013 ruling rejecting arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the... Read More