Two Lewis Brisbois Lawyers Superbly Explain What’s At Stake I’ve always liked “use of an auto” cases – be they in the context of coverage under an auto policy or the auto exclusion in a general liability or homeowners... Read More

Forget whether you can tell a book by its cover (a lot of times you really can I think), I have long maintained that you can very often tell a coverage case by its opening paragraph. A recent one from the New Jersey Appellate Division has as good as a... Read More

By William T. Barker, Partner, Dentons US LLP A unusual Florida statute provides that damages for bad faith handling of an uninsured or underinsured motorist claim include "the total amount of the claimant's damages, including the amount in... Read More

There has been a lot of talk lately about driverless cars. It has included when various manufacturers plan to introduce models with some driverless features (soon) and, more generally, longer-term predictions of when we’ll all be skootin’... Read More

By Peter J. Gallagher ( @pjsgallagher ) One of the most ridiculously entertaining movies of the late-1970’s/early-1980’s was “ The Warriors .” You need to watch it to fully appreciate how ridiculous and entertaining it was... Read More

Since insurance is nothing more than a contract between an insurer and those the insurer is willing to insure, the insurer has the unquestioned right to decide who, for what, and in what limits it is willing to insure. If the insurer and insured agree... Read More

Shawn Halvorson (Halvorson) challenged the summary-judgment dismissal of his declaratory-judgment action involving a dispute over insurance coverage. In Halvorson v. From, 2015 Minn. App. Unpub. LEXIS 809 (Minn.App.), [subscribers can access an enhanced... Read More

Insurance policy limits of liability can cause disputes between insurers and their insureds so that if there is one accident rather than three (even though the result from a single continuous and repeated exposure to the same general conditions) can limit... Read More

Mercury Cas. Co. v. Chu , 229 Cal. App. 4th 1432 (2014), [ enhanced version available to lexis.com subscribers ]. In Mercury , the California Court of Appeal held that an exclusion in an automobile policy for “bodily injury to an insured”... Read More

Coverage Opinions hardly ever addresses automobile or subrogation cases. Here I address both. But wait, stay with me. This is an interesting one. It also speaks to an overarching issue concerning how insurers treat policyholders in a certain claim setting... Read More

By Frederick J. Pomerantz and Aaron J. Aisen Introduction Data collection is the new normal in the 21st century. This extends from search engines to social media to consumer shopping habits. This also includes monitoring driving behavior and auto... Read More

As Mr. Ed once said, cogently, “a horse is a horse, of course,” and it is nothing more. Although insurance terms and conditions can be interpreted to cover a multiple of sins, it cannot change the obvious. FACTS In the fall of 2006,... Read More

Insurance, as I have said often, only insures against fortuitous events. If the event is either contingent or unknown it can be insured against. In Smith v. Patton , Slip Copy, 2015 Wisc. App. LEXIS 547 (Wis.App., July 2015), [subscribers can access... Read More

Insurance is a contract of personal indemnity. It does not insure cars or property of any kind but insures people against the risk of loss of their property. People who know nothing about insurance do not understand this essential insurance concept and... Read More

I love dog bite coverage cases. And there are a lot of them. So that’s a good thing. But that also means that there are a lot of dog bites. And since I also love dogs -- that’s not such a good thing. It’s a real double-edge sword. [As... Read More