Insurance Law

Recent Posts

Federal Court Refuses to Confuse Issue of Insurance Limits – Declaratory Relief Action Without Insured Fails
Posted on 5 Oct 2015 by Barry Zalma

Insurance coverage disputes can be resolved by the seeking a court’s order in a declaratory relief action. Both state and federal courts have procedures available for resolving such disputes. However, to provide a useful declaration it is necessary... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... Read More

Mississippi Court Holds Defense Costs Outside of Limits
Posted on 2 Nov 2015 by Brian Margolies

In its recent decision in Federal Ins. Co. v. Singing River Health System , 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District... Read More

Prejudgment Interest: It’s Not Discretionary! Insurers Should Pay Up
Posted on 23 Jan 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP Who has not heard in the first round of mediation, insurers say, “prejudgment interest and extracontractual damages are off the table.” That’s just wrong. In the last... Read More

Wall Of Confusion: GEICO General Insurance Company v. Bottini And Its Ill-Begotten Progeny
Posted on 16 Oct 2014 by Mealeys

By Julius F. "Rick" Parker III A three-judge panel of Florida's Second District Court of Appeal has released what, on its face, appears to be a relatively innocuous opinion in Geico General Insurance Company v. Bottini.1 The Bottini appeal... Read More

Reed Smith LLP Policyholder Alert: Zeig Reconsidered?
Posted on 22 Aug 2011 by John Berringer and Michael DiCanio

By John Berringer and Michael DiCanio, Attorneys, Reed Smith LLP While it has long been the general rule in New York and other jurisdictions that a policyholder's settlement with a primary insurer for less than full policy limits can nevertheless... Read More

Separating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment
Posted on 10 Dec 2013 by LexisNexis Insurance Law Newsroom Staff

By Brian Webb I. Introduction Few legal maneuvers generate greater skepticism–among courts and insurers–than the excess consent judgment, an increasingly common settlement device used in liability cases. An excess consent judgment... Read More

Insured Entitled To Independent Counsel Even When Being Defended WITHOUT A Reservation Of Rights (Court Rejects ALI Draft Principle)
Posted on 20 May 2014 by Randy J. Maniloff

When it comes to an insured’s right to retain independent counsel, when being defended by its insurer under a reservation of rights, there are some general rules of the road. In a few states a defense provided under a reservation of rights automatically... Read More