Insurance Law

Recent Posts

California Court Holds No Affirmative Duty to Settle Based Solely on the Likelihood of an Excess Judgment
Posted on 23 Oct 2013 by Troutman Sanders

By Ryan C. Tuley , William D. Burger, Jr. , and Christina Y. Ahn On October 7, 2013, the California Court of Appeal, in Reid v. Mercury Insurance Company [ enhanced version available to lexis.com subscribers ], held that an insurer does not have... 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

Commercial Court Clarifies the Position on Follow Settlement Clauses for Retrocessionaires
Posted on 11 Dec 2013 by DLA Piper

On 6 November 2013, the Commercial Court handed down its judgment in Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm). Mr Justice Hamblen held that the defendant retrocessionaire had agreed to follow the insurer's... Read More

Examining Insurer Demands to Allocate Settlements
Posted on 4 Nov 2015 by Dennis Cusack

Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O) policies, when settlements... 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

DLA Piper: Australian High Court Finds a Judgment Is Not Always a Judgment
Posted on 9 Jan 2013 by DLA Piper

By Melissa Joyce and Mark Williams, Attorneys, DLA Piper A person who has suffered damages as a result of a tort and brings separate actions against tortfeasors liable in respect of the same damage cannot recover more than the amount of damages... 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

Court Allows Insurer to Settle and Then Seek Recovery of Uncovered Damages
Posted on 23 Apr 2015 by Randy J. Maniloff

It is one of the toughest issues of them all for insurers. The insurer is defending its insured under a reservation of rights. There are strong coverage defenses. The underlying case is getting close to trial. There is a demand to settle within limits... 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

Court Holds That an Insurer was Entitled to Seek Equitable Contribution from Another Insurer for a Portion of Defense and Settlement Costs That it Paid in Connection With Three Underlying Lawsuits Brought Against Their Mutual Insured
Posted on 9 Jun 2015 by Troutman Sanders

Westport Ins. Corp. v. N. Cal. Relief , 2014 U.S. Dist. LEXIS 173676 (N.D. Cal. Dec. 16, 2014), [ enhanced version available to lexis.com subscribers ]. In Westport, the Northern District of California held that the allegations of the underlying complaints... Read More

Insured vs. Insured on Same Policy Is 1st-Party Claimant
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy... 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

Settlement Must Be In Writing and Meeting of Minds Required to Enforce Settlement
Posted on 3 Sep 2014 by Barry Zalma

Litigants understand that the best resolution of a lawsuit is a settlement. Most are entered into with the assistance of mediators and multiple contacts with counsel. Sometimes one party thinks there is a settlement and the other does not agree. In just... Read More

Policyholders Should Resist Insurer Demands to Allocate Settlements
Posted on 2 Jul 2015 by Dennis Cusack

By Dennis Cusack Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O... Read More