Insurance Law

Recent Posts

Illinois Appellate Court Clarifies Duty to Defend Standards
Posted on 10 Feb 2015 by Troutman Sanders

By David F. Cutter and William P. Pipal In a decision issued on January 13, 2015, the Illinois Appellate Court, [ enhanced version available to subscribers ], affirmed a trial court's ruling that insurers had a duty to defend an insured... Read More

Continental Wins $2.4 Million Summary Judgment Ruling against Policyholder
Posted on 17 Nov 2015 by Troutman Sanders

The United States District Court for the Eastern District of Michigan recently granted Continental Casualty Company’s motion for summary judgment and entered judgment in the amount of $2,425,774.84 in favor of Continental against Indian Head Industries... Read More

Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling
Posted on 5 Dec 2013 by Seth Lamden

The Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case, 1. Any policy in which asbestos exposure, sickness, or disease occurred during the policy period... Read More

Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment Provisions, Allowing Transfer of Policy Rights to Asbestos Trust
Posted on 30 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

By Jennifer Black Strutt, Associate, McCarter & English, LLP Federal-Mogul Global, Inc., one of the world's largest manufacturers of automobile parts, and its affiliates filed for Chapter 11 bankruptcy, seeking to resolve asbestos-related... Read More
Posted on 2 Nov 2015 by Bullivant Houser Bailey PC

Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use... Read More

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
Posted on 22 Sep 2015 by Bullivant Houser Bailey PC

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California... Read More

California Supreme Court: Insureds May Freely Transfer Insurance Rights
Posted on 29 Sep 2015 by John Green

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated... Read More

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments
Posted on 8 Oct 2015 by Neal Gerber Eisenberg

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing... Read More

California Supreme Court Reverses Prior Ruling On Anti-Assignment Clauses
Posted on 20 Oct 2015 by Brian Margolies

In Fluor Corporation v. The Superior Court of Orange County (Hartford Accident & Indemnity Co., real party in interest), 2015 Cal. LEXIS 5631 (Aug. 20, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ... Read More

Goldberg Segalla’s Reinsurance Review – February, 2011
Posted on 30 Mar 2011 by Gerber, Segalla, Kingsley, Omilian

IN THIS MONTH'S EDITION: Circuit Court Reverses District Court and Determines that there is No Right to Injunction to Stop Arbitration Because No Showing of Irreparable Injury District Court Dismisses Case against British American Sua Sponte... Read More

Release of Asbestos During Ceiling Renovation Falls Within Pollution Exclusion of Property Insurance
Posted on 25 Aug 2011 by Bullivant Houser Bailey PC

By Samuel H. Ruby, Shareholder, Bullivant Houser Bailey PC A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property... Read More

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims
Posted on 14 Nov 2013 by Mealeys

By John T. Waldron, III and Sara N. Brown I. Introduction The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims... Read More

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award
Posted on 9 Dec 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses... Read More

New York’s Highest Court Perplexcess Insurers
Posted on 22 Jun 2011 by Randy J. Maniloff

Asbestos - But More - If the decision can make it here, it can make it anywhere Randy J. Maniloff, White and Williams, LLP Come on, isn't it annoying that New York's highest court is called the Court of Appeals of New York and not the... Read More