Insurance Law

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CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated
Posted on 2 Sep 2015 by Troutman Sanders

In Atain Speciality , [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction... Read More

How to Lose A Judgment by Taking an Assignment – Don’t Take Defendant’s Case Against His Insurer in Lieu of a Collectable Judgment
Posted on 20 Aug 2015 by Barry Zalma

Greed often overrules common sense. When an insurer refuses to defend or indemnify its insured the plaintiff will take an agreed judgment against the defendant, then agree not to execute on the judgment in exchange for an assignment from the defendant... Read More

Top 10 Case of 2015: Court Addresses Impact Of Punitive Damages On Bad Faith Failure To Settle
Posted on 22 Jul 2015 by Randy J. Maniloff

The Third Circuit’s decision in Wolfe v. Allstate Property & Casualty Company, No. 12-4450 (3d Cir. June 12, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], addresses a very interesting and important... Read More

Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages
Posted on 9 Jun 2014 by Bullivant Houser Bailey PC

By Matthew J. Sekits , Daniel R. Bentson . Recently, the Washington Court of Appeals increased the damages available to an assignee of an insured's bad faith claims, holding that a "covenant judgment sets a floor, not a ceiling, on the... Read More

Environmental Coverage Summary: 2013 – Environmental Cases Addressing Other Significant Issues
Posted on 3 Mar 2014 by Mealeys

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes... Read More

Texas Appeals Court Provides Roadmap For Punitive Damages Coverage
Posted on 7 Oct 2014 by Randy J. Maniloff

When it comes to the potential availability of coverage for punitive damages there is often more than meets the eye. First, the answer to the oft-asked question, whether punitive damages are insurable in such and such state, is many times provided by... Read More

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]
Posted on 7 Apr 2015 by Randy J. Maniloff

I have said this so, 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... Read More

California Appellate Court Upholds Replacement Cost Condition but Authorizes "Conditional Judgment" for Replacement Cost Benefits
Posted on 8 Jan 2015 by Andrew B. Downs

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover... Read More

Ammonia Spill Constitutes "Direct Physical Loss or Damage" Under Property Insurance Policy, US District Court in NJ Finds
Posted on 2 Dec 2014 by Anderson Kill

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District... Read More

SNR Denton on Punitive Damages: Supreme Court Cuts Exxon Valdez Award by $2 Billion
Posted on 26 Jun 2008 by William T. Barker

The Supreme Court has essentially brought the Exxon Valdez case to a close, more than 19 years after the supertanker ran aground, spilling millions of gallons of oil into Prince William Sound. The tanker’s captain, Joseph Hazlewood, had a history... Read More

Tags: Damages

Third Circuit Vastly Reduces Punitive Damages Award Against Insurer, Applies 1:1 Ratio
Posted on 2 Feb 2009 by Brian J. Green

Recently the Third Circuit Court of Appeals reduced an award of punitive damages by over two-thirds, holding that a 1:1 ratio between punitives and compensatory damages is the appropriate limit where the harm is purely economic and the compensatory damages... Read More

Tags: Damages

Wiley Rein LLP on Exxon Shipping and State Punitive Damages
Posted on 3 Jul 2008 by Thomas W. Kirby

The U.S. Supreme Court’s ongoing effort to limit excessive punitive damages takes a different twist in Exxon Shipping Co. v. Baker. Rather than relying on due process, the Court uses its “common law” power over federal maritime law to... Read More

Tags: Damages