Insurance Law

Recent Posts

Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Posted on 27 Dec 2010 by Randy J. Maniloff

I am serious. And stop calling me Shirley. By Randy Maniloff, Partner, White and Williams LLP Chinese drywall -- litigation over the smell of a rotten egg, uh, rolls on. For some insurers, Chinese drywall is a potentially large exposure. With... Read More

Seven Mississippi Rush: State’s Appeals Court Allows Excess Insurer to Get Two Hands on Negligent Defense Counsel
Posted on 12 Jun 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP This is usually the part of Binding Authority where I say something silly - sometimes Sophomoric - and then attempt, with mixed results, to connect it to the coverage decision under review. Some of you have... Read More

Pennsylvania Federal Court Gives Policyholders An Enhanced TSA Pat-Down
Posted on 23 Dec 2010 by Randy J. Maniloff

Eastern District Recognizes Insurer’s Right of Reimbursement of Settlement Payments By Randy Maniloff, Partner, White and Williams LLP We’ve all been there. An insurer is defending its insured in an action under a reservation of rights... Read More

Coverage College Flunkie: Me
Posted on 25 Oct 2010 by Randy J. Maniloff

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the way... 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

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue
Posted on 14 Nov 2011 by Randy J. Maniloff

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting ... Read More

For Insurers In Pennsylvania: Courts Continue to Sing The Praises of Kvaerner And Gambone
Posted on 27 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LL Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin’ true especially for me And the reason is clear... Read More

If You Build It, He Will Come (And Sue You)
Posted on 28 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LLP 3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law The recent construction of New Meadowlands stadium in New Jersey – home of the Giants and Jets – has brought... Read More

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims
Posted on 27 Oct 2011 by Randy J. Maniloff

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South... Read More

Continuous Trigger: The ShamWow of Coverage Issues – Sucking Insurers Dry of Much More Than Would Seem Possible
Posted on 17 Oct 2011 by Randy J. Maniloff

Federal Court Rejects Continuous Trigger for Construction Defects Randy J. Maniloff, White and Williams, LLP We've all had a waiter use a towel to hold a plate and then put it down in front of us with the warning to be careful because the... Read More

District Court Makes Illi-noise Whether Policy Language Can Alter A Long-Standing Duty To Defend Rule
Posted on 4 Jun 2012 by Randy J. Maniloff

Court Prevents Insurer From De-fending For Itself Randy J. Maniloff, White and Williams, LLP This is the first issue of Binding Authority in over a month. That's a long time between issues, as the publication schedule in 2012 has generally... 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

Don’t Mess With Texas’s Duty to Defend: High Court Continues To Adhere To Its Unique Rule That The Duty To Indemnify Is Broader Than The Duty To Defend
Posted on 19 Jul 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP In New Jersey the Duty to Defend is the Duty to Depend, as coverage for defense costs is limited to claims that are ultimately covered under the policy. In California, and other states, the Duty to Defend... Read More

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees
Posted on 12 Dec 2011 by Randy J. Maniloff

Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.? "I say put money in thy purse." Othello Act 1, scene 3 Randy J. Maniloff, White and Williams, LLP Don't be fooled by the Shakespeare... Read More

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer
Posted on 25 Jan 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all have... Read More