Insurance Law

Recent Posts

The Target Data Breach: Settlement Data Suffers From A Breach Of Common Sense
Posted on 20 Apr 2015 by Randy J. Maniloff

The mid-March settlement by Target, of the numerous data breach class actions filed against the retailer, following disclosure of millions of its customers’ debit and credit card numbers, will cost the company about $25 million. I had the privilege... Read More

Court Finds Coverage For Settlement Of Restitution Claim
Posted on 14 Aug 2014 by John Green

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even if the policy... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... Read More

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
Posted on 5 Jul 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that has... Read More

Dentons on Consequences of Inadequate Reservation of Rights
Posted on 15 Dec 2014 by William T. Barker

By William T. Barker, Partner, Dentons US LLP In Advantage Buildings & Exteriors, Inc. v. Mid-Continent Casualty Co., 2014 Mo. App. LEXIS 975 (Sept. 2, 2014), the court recognized that there was no coverage, but still held the insurer liable... Read More

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

Ten Most Significant Insurance Coverage Decisions Of 2014 – The Loudest Case Yet To Conclude That A Reservation Of Rights Letter Was Ineffective For Lack Of An Adequate Explanation
Posted on 22 Dec 2014 by Randy J. Maniloff

In Advantage Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., -- S.W.3d – , 2014 Mo. App. LEXIS 975 (Mo. Ct. App. 2014), [ enhanced version available to lexis.com subscribers ], Mid-Continent’s insured, Advantage Builders, was... Read More

Letter To The Editor: Bill Barker, Coverage Lawyer and Scholar, Says I Got It Wrong About Babcock & Wilcox
Posted on 5 Oct 2015 by Randy J. Maniloff

In the August 26th issue of Coverage Opinions I wrote that, despite the fact that the insurer in The Babcock & Wilcox Company v. American Nuclear Insurers (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com... Read More

Appeals Court Makes New Law: Insurer Must Pay Interest On Settlement After 30th Day Without Payment
Posted on 30 Oct 2014 by Randy J. Maniloff

Singler v. Zurich American Ins. Co., No. 2014AP391 (Wis. Ct. App. Sept. 16, 2014), [ enhanced version available to lexis.com subscribers ], involves Zurich’s eve-of-trial settlement of an automobile liability claim for $1.9 million. Zurich’s... Read More

Wisconsin Court of Appeals Provides a Lesson in Documenting the Settlement
Posted on 7 Oct 2014 by Foley & Lardner LLP

A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co. , 2014AP391, Robert Singler and Zurich... Read More

PA Supreme Court Rules Insured May Enter Settlement Despite Insurer’s Objections
Posted on 1 Sep 2015 by Steptoe & Johnson PLLC

On July 21, 2015, the Pennsylvania Supreme Court in The Babcock & Wilcox Company v. American Nuclear Insurers , No. 2 WAP 2014, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], adopted a variation of the test... Read More

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent
Posted on 20 Aug 2015 by Brian Margolies

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding... Read More

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval
Posted on 18 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers , 2015 Pa. Lexis 1551 (July 21, 2015), [subscribers can access an enhanced... Read More

Babcock & Wilcox v. American Nuclear Insurers: Why Insurers Are The Real Winners In Pennsylvania High Court’s Adoption Of Arizona’s Morris Rule
Posted on 25 Aug 2015 by Randy J. Maniloff

Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American... Read More

Two Courts Hold That Adjuster Can Be Personally Liable For Wrongful Claims Handling Conduct
Posted on 29 Jul 2015 by Randy J. Maniloff

Needless to say, claims adjusters won’t be happy with the Texas federal court’s decision in Linron Properties v. Wausau Underwriters Insurance Co., No. 15-293 (N.D. Tex. June 16, 2015), [subscribers can access an enhanced version of this opinion... Read More