Insurance Law

Recent Posts

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent
Posted on 20 Aug 2015 by Brian Margolies

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding... Read More

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval
Posted on 18 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers , 2015 Pa. Lexis 1551 (July 21, 2015), [subscribers can access an enhanced... Read More

Babcock & Wilcox v. American Nuclear Insurers: Why Insurers Are The Real Winners In Pennsylvania High Court’s Adoption Of Arizona’s Morris Rule
Posted on 25 Aug 2015 by Randy J. Maniloff

Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American... 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

Pennsylvania Federal Court Gives Policyholders An Enhanced TSA Pat-Down
Posted on 23 Dec 2010 by Randy J. Maniloff

Eastern District Recognizes Insurer’s Right of Reimbursement of Settlement Payments By Randy Maniloff, Partner, White and Williams LLP We’ve all been there. An insurer is defending its insured in an action under a reservation of rights... Read More

Setting Up a Successful Negotiation Regarding “2860 Rates”
Posted on 2 Oct 2014 by Erica Villanueva

By Erica Villanueva “The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business... Read More

Ten Most Significant Insurance Decisions of 2010: Case Summaries and Core Search Terms from Lexis.com
Posted on 1 Feb 2011 by LexisNexis Insurance Law Newsroom Staff

The following ten cases were selected by White & Williams LLP partners Randy J. Maniloff and Joshua A. Mooney for analysis in their annual article Endurance Coverage 2010: The Year’s Ten Most Significant Insurance Decisions Reaches the Decade... Read More

PA Supreme Court Rules Insured May Enter Settlement Despite Insurer’s Objections
Posted on 1 Sep 2015 by Steptoe & Johnson PLLC

On July 21, 2015, the Pennsylvania Supreme Court in The Babcock & Wilcox Company v. American Nuclear Insurers , No. 2 WAP 2014, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], adopted a variation of the test... Read More

Letter To The Editor: Bill Barker, Coverage Lawyer and Scholar, Says I Got It Wrong About Babcock & Wilcox
Posted on 5 Oct 2015 by Randy J. Maniloff

In the August 26th issue of Coverage Opinions I wrote that, despite the fact that the insurer in The Babcock & Wilcox Company v. American Nuclear Insurers (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com... Read More

Top Case: American and Foreign Insurance Co. v. Jerry’s Sport Center, Inc.
Posted on 5 Oct 2010 by LexisNexis Insurance Law Newsroom Staff

In American and Foreign Insurance Co. v. Jerry’s Sport Center, Inc. , No. 88 MAP 2008, 2010 Pa. LEXIS 1803 (Pa. Aug. 17, 2010), the Supreme Court of Pennsylvania refuted the reasoning under which some courts have allowed insurers to seek reimbursement... Read More

Court’s Solution To Determining the Hourly Rate For Independent Counsel: Put It In The Policy
Posted on 2 Oct 2014 by Randy J. Maniloff

It is an issue that has confronted us all and one with no easy answers. An insurer determines that, on account of a defense being provided under a reservation of rights, the insured is entitled to independent counsel, to be paid for by the insurer (or... Read More

The June 2011 Release of New Appleman New York Insurance Law is Now Available on Lexis.com
Posted on 28 Jun 2011 by LexisNexis Insurance Law Newsroom Staff

The newest release of New Appleman New York Insurance Law is available on lexis.com as of June 23, 2011. The release contains updates to reflect recent case law and interpretations issued by the Department of Insurance and the Office of General Counsel... Read More

Appeals Court Provides Detailed Discussion Of Allocation Between Covered And Uncovered Claims
Posted on 13 Feb 2014 by Randy J. Maniloff

I have said this so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims, this... Read More