Insurance Law

Recent Posts

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law
Posted on 18 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

No ERISA Preemption for Unfair Insurance Practices in Montana
Posted on 24 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974... Read More

DLA Piper: Even In the Absence of a Demand, Do Insurers Have Duty to Pursue Settlement? A Ninth Circuit Panel Says Yes
Posted on 16 Jul 2012 by DLA Piper

By Joseph G. Finnerty III and Aidan M. McCormack, Partners, DLA Piper Confounding most observers, the United States Court of Appeals for the Ninth Circuit has issued a decision contradicting established insurance law jurisprudence in nearly every... Read More

Boiler and Machinery Policy Did Not Cover Apples Exposed to Ammonia Refrigerant In Warehouse
Posted on 8 Nov 2011 by Stuart D. Jones

By Stuart D. Jones, Shareholder, Bullivant Houser Bailey PC The 9th Circuit Court of Appeals has issued a memorandum opinion in Cowiche Growers, Inc. v. Continental Casualty Company, 2011 U.S. App. LEXIS 18420 (9th Cir. Wash., Sept. 2, 2011) , that... Read More

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability... Read More

DLA Piper: Even In the Absence of a Demand, Do Insurers Have Duty to Pursue Settlement? A Ninth Circuit Panel Says Yes
Posted on 16 Jul 2012 by DLA Piper

By Joseph G. Finnerty III and Aidan M. McCormack, Partners, DLA Piper Confounding most observers, the United States Court of Appeals for the Ninth Circuit has issued a decision contradicting established insurance law jurisprudence in nearly every... Read More

Boiler and Machinery Policy Did Not Cover Apples Exposed to Ammonia Refrigerant In Warehouse
Posted on 8 Nov 2011 by Stuart D. Jones

By Stuart D. Jones, Shareholder, Bullivant Houser Bailey PC The 9th Circuit Court of Appeals has issued a memorandum opinion in Cowiche Growers, Inc. v. Continental Casualty Company, 2011 U.S. App. LEXIS 18420 (9th Cir. Wash., Sept. 2, 2011) , that... Read More

No ERISA Preemption for Unfair Insurance Practices in Montana
Posted on 24 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974... Read More

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law
Posted on 18 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general... Read More