Insurance Law

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Dentons, U.S., LLC on Colony Insurance Co. v. Burke: Foster Child Is Not Entitled To Make Direct Claim on Liability Insurance State Purchased for Foster Parents
Posted on 17 Dec 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP The Estate of Aurora Espinal-Cruz obtained a $20 million wrongful-death judgment against Deanza Jones, who had been Aurora's foster parent, after Jones's insurers had refused a $600,000 policy... Read More

SNR Denton US LLP on Does Pennsylvania Law Impose Liability for Bad Faith Without a Duty to Provide Coverage?
Posted on 6 Nov 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012), the Third Circuit, discussing a prior, nonprecedential Third Circuit case, Gallatin Fuels, Inc. v. Westchester... Read More

SNR Denton US LLP on Miller v. Safeco Insurance Co. of Am.: Insurer May Not Enforce Exclusions in Newly Issued Property Insurance Policy If Insured Not Notified of Those Exclusions Before Discovering the Loss
Posted on 5 Nov 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP The Millers purchased a home with severe preexisting water and mold damage which they and their home inspector failed to detect. In Miller v. Safeco Insurance Co of Am., the Seventh Circuit held that... Read More

SNR Denton US LLP on Metropolitan Property & Casualty Insurance Co. v. Stranczek: Business Pursuits Exclusion Does Not Depend on Subjective Profit
Posted on 25 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

By William T. Barker and Daniel E. Feinberg, Attorneys, SNR Denton Homeowners' insurance commonly excludes coverage for the insured's "business pursuits," often said to be those involving (1) a continuous or regular activity, ... Read More

Bad Faith in the Context of First-Party Insurance – New Appleman on Insurance Law Library Edition, Chapter 55
Posted on 23 Jul 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton The insurer's duty of good faith, and the liabilities that flow from breach of that duty, play an important role in insurance law. The duty was first developed in the context of liability insurance to... Read More

New Appleman Authors, Editors and Board Members Are Chosen For New Professional Responsibilities
Posted on 17 Feb 2012 by LexisNexis Insurance Law Newsroom Staff

Editors of the New Appleman on Insurance Law Library Edition selected for new positions. • Professor Leo Martinez, of the University of California, Hastings College of the Law and Co-Editor of the New Appleman on Insurance Law Practice Guide... Read More

New Matthew Bender Insurance Law Publication in One-Volume Looseleaf, Online and In e-Book Format
Posted on 2 Jan 2013 by LexisNexis Insurance Law Newsroom Staff

Insurance defense counsel have unique and complicated professional responsibilities arising from their dual relationships with the insured who is being defended and the insurer who is providing the defense and must pay the judgment or settlement (assuming... Read More

SNR Denton on Weitz Co. v. Ohio Casualty Insurance Co.: Is an Insurer a Co-Client of Defense Counsel It Retains to Defend an Insured?
Posted on 12 Sep 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton The Colorado federal district court in Weitz Co. v. Ohio Casualty Insurance Co. concluded that a Colorado liability insurer is not a client of defense counsel for its insured. That was correct on the facts... Read More

Insured vs. Insured on Same Policy Is 1st-Party Claimant
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy... Read More

Hornberger v. Seymour: Insurer May Retain Defense Counsel Even If Insured Can’t Be Located
Posted on 16 Dec 2010 by William T. Barker

By William Barker, Partner, SNR Denton, LLP From time to time, insurers and defense counsel face the problem of an insured who can’t be located. If the insured can’t be found when the lawsuit is filed, there can be a real question whether... Read More

SNR Denton on Lennar Corp. v. Transamerica Insurance Co.: Does a Right to Independent Counsel Entitle the Policyholder to Two Lawyers?
Posted on 21 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Lennar Corp. v. Transamerica Insurance Co. addressed the novel question whether an policyholder entitled to independent counsel could both accept representation by the counsel selected by the insurer and insist... Read More

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
Posted on 5 Nov 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... Read More