Insurance Law

Recent Posts

The Goofiest Coverage Case I Have Ever Seen
Posted on 7 Oct 2015 by Randy J. Maniloff

Some coverage decisions, addressing certain issues, never cease to amaze me. In fact, the more I see them the more my amazement grows. Acuity v. Reed & Associates, No. 15-2149, 2015 U.S. Dist. LEXIS 109412 (W.D. Tenn. Aug. 19, 2015), [subscribers... Read More

Court Holds That “Medical Monitoring” Qualifies As “Bodily Injury”
Posted on 25 Mar 2014 by Randy J. Maniloff

The question whether so-called “medical monitoring” qualifies as “bodily injury,” for purposes of triggering coverage under a liability policy, is one that has long been asked. But despite the popularity of the question, there... Read More

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63
Posted on 12 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there... Read More

Environmental Insurance – New Appleman on Insurance Law Library Edition, Chapter 27
Posted on 21 Oct 2010 by LexisNexis Insurance Law Newsroom Staff

By Robyn L. Anderson, Kimberly K. Winter, Jessica E. Merrigan, and Carly D. Duvall, Lathrop & Gage LLP With climate change, weather-related catastrophes, energy shortfalls, and a historically large oil spill in the Gulf of Mexico, it is no surprise... Read More

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18
Posted on 2 Jul 2010 by Martha Kersey

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A... Read More

Medical Payments Coverage – New Appleman on Insurance Law Library Edition, Chapter 64
Posted on 17 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Donald M. Carley, Associate General Counsel, State Farm Mutual Automobile Insurance Company Chapter 64 provides an overview of one of the most overlooked coverages in the personal automobile insurance contract - the medical payments coverage. The... Read More

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters
Posted on 27 May 2010 by Selena Linde

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Blogs from the ILC Advisory Board: New Jersey Supreme Court Cites New Appleman on Insurance Law Library Edition on Duty to Defend for Claim of Emotional Distress
Posted on 24 Jun 2011 by Jeffrey E Thomas

By Jeffery Thomas, Associate Dean for Academic Affairs and Professor of Law at the University of Missouri - Kansas City Just a few days ago, the New Jersey Supreme Court cited the New Appleman on Insurance Law Library Edition § 19.04 in Abouzaid... Read More

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims
Posted on 27 Aug 2015 by Randy J. Maniloff

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers... Read More

CGL Exclusion for Injuries to Children Ambiguous in Florida
Posted on 21 Jul 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Medical Payments Coverage – New Appleman on Insurance Law Library Edition, Chapter 64
Posted on 17 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Donald M. Carley, Associate General Counsel, State Farm Mutual Automobile Insurance Company Chapter 64 provides an overview of one of the most overlooked coverages in the personal automobile insurance contract - the medical payments coverage... Read More

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63
Posted on 12 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there... Read More

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18
Posted on 2 Jul 2010 by Martha Kersey

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage... Read More