Insurance Law

Recent Posts

CA Court of Appeals Confirms that Insured Need Not Accept 2860 Rate Caps For Work Done After Tender, But Before Insurer Accepts Defense
Posted on 24 Feb 2015 by Erica Villanueva

By Erica Villanueva A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense of a lawsuit: accepting the insurer’s... Read More

Climate Change: A New Era of Old Challenges for the Insurance Industry
Posted on 23 Sep 2013 by Goldberg, Segalla LLP

By James J. Wrynn and Patrick B. Omilian, Attorneys, Goldberg Segalla LLP Are insurers prepared for climate change? A recent report says no, making major news in the insurance industry, and drawing attention to the economic impacts of global warming... Read More

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

Another Ineffective Reservation Of Rights Case
Posted on 28 Oct 2014 by Randy J. Maniloff

After two years of writing Coverage Opinions I know when a case resonates with readers. A case in the last issue of CO resonated. Really resonated. The case was Advantage Builders & Exteriors v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App... Read More

An Insurance Guide for the Sports and Entertainment Industries
Posted on 2 Feb 2011 by Pasich, Franklin, Thayer, Crosner, Holt

By Kirk A. Pasich, Cassandra S. Franklin, Sandra Smith Thayer, Shaun H. Crosner and Julia K. Holt, Attorneys, Dickstein Shapiro LLP Written and edited by a team of Dickstein Shapiro Insurance Coverage Group attorneys, the "New Appleman Sports... Read More

Reed Smith on An Analysis of West American Ins. Co. v. Yorkville Nat'l Bank:Twenty-Seven Month Delay Not Unreasonable Notice According to Illinois Supreme Court
Posted on 16 Mar 2011 by LexisNexis Insurance Law Newsroom Staff

By Emily E. Garrison, associate, Reed Smith, LLP Few states follow the minority rule that an insured’s failure to give reasonable notice of a claim to its insurer will defeat the right of the insured to recover under a policy. In determining... Read More

Follow The Settlements And Ex Gratia Payments
Posted on 9 Mar 2011 by LexisNexis Insurance Law Newsroom Staff

Download " Follow The Settlements And Ex Gratia Payments" by Robert M. Hall . This article originally appeared in LexisNexis ® Mealey's ™ Litigation Report Reinsurance , Volume 21, Issue #19, February 4, 2011. Read More

Troutman Sanders LLP: Illinois Appellate Court Affirms Victory for Insurer in $5 Million Post-Judgment Interest Coverage Dispute
Posted on 3 Sep 2013 by Troutman Sanders

By Rebecca L. Ross , David F. Cutter , James J. Sanders The Illinois Appellate Court has upheld a victory for Occidental Fire & Casualty Company of North Carolina in a dispute over the scope of its obligation to cover post-judgment interest... Read More

Webinar: ABA Forum Committee on Entertainment and Sports Industries – Insurance and Risk Allocation
Posted on 9 Sep 2012 by Pasich, Franklin, Thayer, Crosner, Holt

On October 30, the ABA Forum Committee on Entertainment and Sports Industries will present an informative webinar on Insurance and Risk Allocation in the Entertainment and Sports Industries: Hot Topics and Overlooked Issues . From film and television... Read More

California Supreme Court Allows Insurer to Seek Reimbursement of Excessive Legal Fees Directly from Cumis Counsel Under Narrow Facts of Case
Posted on 10 Sep 2015 by Troutman Sanders

By Monique M. Fuentes and Michael McCarthy Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C. , California Supreme Court Case No. S211645 (Filed August 10, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance... Read More

U.S. High Court Refuses To Review Arbitration Ruling Arising From Crop Damage
Posted on 6 Oct 2014 by Jennifer Hans

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today rejected a nursery insured’s request to review the 11th Circuit U.S. Court of Appeals' refusal to vacate an arbitration award in favor of insurers in a coverage dispute over... Read More

Virginia Federal Court Sustains Late Notice Disclaimer
Posted on 25 Jun 2015 by Brian Margolies

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America , 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), [ enhanced version available to subscribers ], the United States District Court for the Western... Read More

Insurer Appointed Lawyer’s Duty is to Client It Was Retained to Defend – Conflict of Interest Required To Remove Counsel
Posted on 25 Jun 2015 by Barry Zalma

Insurance companies have the right and obligation to choose counsel to defend its insureds. Counsel retained by an insurer to defend an insured, contrary to the belief of many, is obligated solely to represent the rights, duties, obligation and defenses... Read More

Insurance for Emerging Companies: Understanding the Insurance You Have
Posted on 23 Sep 2015 by Amanda Hairston

Our Insurance Recovery Group is often asked to help emerging companies understand their insurance program and assist with claims. This is the first in a series of posts that will address the insurance issues impacting growing companies. The series will... Read More

NFL Highlights Film: The Best Of Football Litigation – When the Gridiron And Courtroom Collide
Posted on 26 Feb 2015 by Randy J. Maniloff

I have long been a student of the intersection between sports and the law. And there are countless opportunities to get this education. These two come together in innumerable ways – from the deadly serious to the hilariously entertaining and everything... Read More