Insurance Law

Recent Posts

Sealed, Unserved Complaint Not Considered a Claim First Made During the Policy Period
Posted on 1 Dec 2015 by Troutman Sanders

In Braden P’ship, LP v. Twin City Fire Ins. Co. , the Northern District of California found that, under a general partners liability policy, a sealed and unserved complaint was not “first-made” against insured partner during the policy... Read More

Claimant’s Assignee Unable to Pursue Breach of Contract Claim against Carrier Because the Claimant Did Not Assert His Claim during the Policy Period
Posted on 10 Dec 2015 by Troutman Sanders

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make... Read More

There’s Been No “Tender” – Does Insurer Still Need To Respond?
Posted on 28 Jul 2015 by Randy J. Maniloff

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the... Read More

New Jersey Court Holds Demand Letter Is A Claim
Posted on 26 Oct 2015 by Brian Margolies

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court... Read More

Government Investigations Can Constitute Covered “Claims”—and Require Notice—Under Liability Insurance Policies
Posted on 4 Feb 2014 by Perkins Coie

By Michael T. Sharkey This commentary examines recent court decisions around the country that have held that subpoenas and other forms of government investigations are “claims” triggering coverage under various types of liability insurance... Read More

Court Holds that the Insured’s Per-Claim Self-Insured Retention Applies on a Per-Home Basis Based on Language in Policy’s SIR Endorsement
Posted on 28 Jan 2015 by Troutman Sanders

Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , 2014 U.S. Dist. LEXIS 92682 (E.D. Cal. July 8, 2014, [ enhanced version available to lexis.com subscribers ]) In Evanston , the Eastern District of California held that the insurer’s duty to defend... Read More

California Appellate Court Addresses Professional Liability Coverage Issues
Posted on 9 Jun 2012 by Andrew B. Downs

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty... Read More

California Appellate Court Addresses Professional Liability Coverage Issues
Posted on 9 Jun 2012 by Andrew B. Downs

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty... Read More