Insurance Law

Recent Posts

Insurer’s Duty to Defend Did Not Arise until Insurer Was Provided with All Necessary Information to Determine the Existence of Coverage
Posted on 26 Aug 2015 by Troutman Sanders

Carrier’s Right to Control the Defense Includes the Right to Appoint Counsel of Its Choosing and to Settle Claims without the Participation of the Insured Travelers Prop. Cas. Co. of Am. v. Kaufman & Broad Monterey Bay, Inc ., 2015 U.S. Dist... Read More

How the Pennsylvania Supreme Court's Decision in Mutual Benefit Will Affect Your Business Insurance Coverage
Posted on 17 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley On May 26, 2015, the Pennsylvania Supreme Court handed down its much anticipated decision in Mutual Benefit Ins. Co. v. Christos Politsopoulos [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance... Read More

District Court Holds that an Insurer’s Claim for Equitable Subrogation Against an Insured’s Co-Defendant Failed Because the Insurer Did Not Claim the Co-Defendant Caused the Underlying Damage at Issue
Posted on 27 Aug 2014 by Troutman Sanders

Guidry v. U.S. Department of the Interior , 2014 U.S. Dist. LEXIS 24787 (N.D. Cal. Feb. 25, 2014), [ enhanced version available to lexis.com subscribers ]. In Guidry , the district court held that, in an action where an underlying co-defendant (the... Read More

Barry Zalma: Contract of Personal Indemnity – Failure to Protect Insurable Interest Expensive
Posted on 5 Jun 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance is a contract of personal indemnity and does not follow the title in the land. When parties enter into lease agreements of real or personal property both the lessor and lessee have an insurable interest... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010
Posted on 29 Oct 2010 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635... Read More

Additional Insured Certificates: What Do They Mean?
Posted on 28 Jul 2014 by Vandeventer Black LLP

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general... Read More

Endurance Coverage: “Top Ten Insurance Cases Of The Year” Reaches The Decade Mark
Posted on 10 Jan 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP For the past ten years I have had the privilege of publishing an end-of-year article in Mealey’s Litigation Report: Insurance that discusses the ten most significant insurance coverage decisions from... Read More

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine
Posted on 7 Dec 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third... Read More

California Clarifies Scope of Reasonable Expectations for Additional Insureds
Posted on 22 Jan 2014 by Andrew B. Downs

Insurance policies often insure persons or entities other than the named insured, often because the named insured is obligated to obtain insurance to protect those other persons. In California, when a policy provision is ambiguous because it is susceptible... Read More

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence
Posted on 8 Mar 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying... Read More

Neal, Gerber & Eisenberg LLP: Additional Insured Entitled to Coverage Where Accident Resulted from Named Insured’s Operations
Posted on 31 Jan 2013 by Seth Lamden

By Alex Hartzler , Associate, Neal, Gerber & Eisenberg LLP A recent Indiana appellate decision illustrates that, for the purpose of triggering "additional insured" coverage, the insurer is liable where the injury arose out of the insured's... Read More

Endurance Coverage: “Top Ten Insurance Cases Of The Year” Reaches The Decade Mark
Posted on 10 Jan 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP For the past ten years I have had the privilege of publishing an end-of-year article in Mealey’s Litigation Report: Insurance that discusses the ten most significant insurance coverage decisions from... Read More

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence
Posted on 8 Mar 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010
Posted on 19 Jun 2010 by Daniel W. Gerber and Sarah J. Delaney

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured... Read More

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine
Posted on 7 Dec 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third... Read More