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

The Great Barry Manilow Coincidence
Posted on 9 Sep 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Open Mic column in the last issue of CO – July 15th -- was titled “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders.” It addressed an Oregon... Read More

Randy Spencer’s Open Mic – Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders
Posted on 14 Jul 2015 by Randy J. Maniloff

Not a day goes by it seems without news of a cyber attack resulting in the release of 4 trillion people’s personal information. It has gotten to the point where one’s identity could seemingly be stolen several times a month. Perhaps the solution... Read More

CGL Policy with Specific “Other Insurance” Clause Ruled Excess Over Auto Policy for Claim Arising out of Automobile Accident
Posted on 3 Feb 2015 by Troutman Sanders

Employers Ins. Co. of Wausau v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 115747 (C.D. Cal. Aug. 19, 2014), [ enhanced version available to lexis.com subscribers ] In Employers , the Central District of California found that a CGL Policy was excess... Read More

Farella Braun + Martel LLP: Claims For Defective Solar Panels Could Be Covered By General Liability Insurance
Posted on 6 Nov 2015 by John Green

Several solar panel manufacturers and their distributors have been sued in class actions alleging that certain models of panels are defective and need to be replaced. Class actions can be very expensive to defend, and the ultimate liability can also be... Read More

Perkins Coie LLP on Notable Insurance Coverage Decisions from the Second Half of 2014 and Early 2015
Posted on 2 Mar 2015 by Perkins Coie

By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments... Read More

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit
Posted on 25 Aug 2015 by Barry Zalma

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

General Liability Insurance Coverage: Key Issues in Every State
Posted on 1 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

Lexis Nexis now sells: General Liability Insurance Coverage: Key Issues in Every State General Liability Insurance Coverage: Key Issues in Every State by Randy Maniloff & Jeffrey Stempel is designed to give the stakeholders in the claims process... Read More

Law Enforcement Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 33
Posted on 4 May 2011 by LexisNexis Insurance Law Newsroom Staff

By William G. Beck, Ian Hale, Sarah E. Millin and Jennifer M. McAdam, Attorneys, Lathrop & Gage LLP Insurance law as it relates to most areas of law enforcement liability is developed enough to understand the risks that are covered under any given... Read More

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18
Posted on 2 Jul 2010 by Martha Kersey

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

Chapter 15 General Liability Insurance in New Appleman New York Insurance Law, Second Edition
Posted on 21 May 2010 by LexisNexis Insurance Law Newsroom Staff

One of the 54 chapters in the second edition of New Appleman New York Insurance Law released in December of 2009 is "General Liability Insurance" by Robert Goodman and Steve Vaccaro of Debevoise and Plimpton LLP. The chapter covers the basic... Read More

Intellectual Property Insurance – New Appleman on Insurance Law Library Edition, Chapter 30
Posted on 3 May 2011 by David A. Gauntlett

By David A. Gauntlett, Principal, Gauntlett & Associates A limited number of insurers have historically offered insurance coverage for intellectual property claims, initially focused on reimbursement of litigation expenses in the pursuit of patent... Read More