Insurance Law

Recent Posts

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims
Posted on 24 Mar 2014 by Erica Villanueva

By Dennis Cusack and Erica Villanueva Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable
Posted on 3 Jan 2014 by Randy J. Maniloff

Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy... Read More

Mindful Case Management
Posted on 1 Oct 2014 by Dennis Cusack

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the... Read More

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first... Read More

Mandatory Provisions—Not in My State—McCarran-Ferguson, the FAA, and Reverse Preemption
Posted on 27 Jun 2011 by LexisNexis Insurance Law Newsroom Staff

By John E. James and Michael B. Rush, Attorneys, Potter Anderson & Corroon LLP In their article appearing in the May/June 2011 issue of Coverage , "Mandatory Provisions-Not in My State-McCarran-Ferguson, the FAA, and Reverse Preemption,"... Read More

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims
Posted on 11 Aug 2011 by Bullivant Houser Bailey PC

By John R. Bachofner, Shareholder, Bullivant Houser Bailey PC The Oregon Court of Appeals has issued a decision in Hall v. Speer , 2011 Ore. App. LEXIS 998 (Or. Ct. App. July 20, 2011) that substantially broadens what will be considered a satisfactory... Read More

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims
Posted on 2 Nov 2010 by Bullivant Houser Bailey PC

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which... Read More

A Horse is a Horse, of Course – A Horse is Not “Mobile Equipment”
Posted on 19 Aug 2015 by Barry Zalma

As Mr. Ed once said, cogently, “a horse is a horse, of course,” and it is nothing more. Although insurance terms and conditions can be interpreted to cover a multiple of sins, it cannot change the obvious. FACTS In the fall of 2006,... 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

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration
Posted on 2 May 2013 by Anderson Kill

On April 19, the Eighth Circuit affirmed the United States District Court for the Eastern District of Missouri's September 4, 2012 decision in Union Electric Company v. Aegis Energy Syndicate 1225 , holding that a policyholder could avoid arbitration... Read More

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies
Posted on 17 Dec 2013 by Andrew B. Downs

A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years... Read More

Pillsbury Winthrop: Parties' Choice of Seat of Arbitration Key Factor in Choice of Law Decision
Posted on 12 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By Laura Thomson , Pillsbury Winthrop Shaw Pittman English Court of Appeal dismisses appeal, upholding injunction of coverage dispute in Brazilian courts because arbitration clause specifying London as the seat of arbitration trumps the policy's... Read More

The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions
Posted on 20 Jan 2012 by Wystan Ackerman

By Wystan Ackerman, Partner, Robinson & Cole LLP This commentary by Wystan Ackerman analyzes the three decisions issued by the U.S. Supreme Court on class actions in 2011, with a focus on their impact on the insurance industry: Wal-Mart Stores... Read More

The Innovative Online Arbitration Evaluation Tool: CaseXplorer Arbitration
Posted on 27 Apr 2015 by LexisNexis Insurance Law Newsroom Staff

This article describes the new online arbitration case evaluation tool, CaseXplorer® Arbitration™. It covers the value of a mock arbitration process and the cost and time savings that this new, online process brings to lawyers and their clients... Read More