Welcome to the 14th annual look back at the year’s ten most significant insurance coverage decisions. As I always do at the outset, here is my description of the selection process (repeated from past years’ editions). The process is highly... Read More
I’m sure many of us have had this situation. An insurer makes a coverage determination in a claim. We’ll call it claim one and determination A. Then, in claim two, involving indistinguishable facts as claim one, the insurer reaches determination... Read More
A case involving an issue under a claims made policy is ordinarily not the stuff of the annual coverage top ten. Despite there being lots of cases decided every year involving claims made policies, they often-times involve such things as what is a claim... Read More
New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to... Read More
Our Insurance Recovery Group is often asked to help emerging companies understand their insurance program and assist with claims. This is the first in a series of posts that will address the insurance issues impacting growing companies. The series will... Read More
Needless to say, claims adjusters won’t be happy with the Texas federal court’s decision in Linron Properties v. Wausau Underwriters Insurance Co., No. 15-293 (N.D. Tex. June 16, 2015), [subscribers can access an enhanced version of this opinion... Read More
By Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge... Read More
By Todd M. Noonan and David A. Cheit , Attorneys, DLA Piper California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), [ enhanced version available to lexis.com subscribers ], is an unusual false claims statute... Read More
Originally published in California Insurance Law Review - 2015 11.03.15 In Rancho Tehama , the district court held that, under the facts of the case before it, relatedness of claims could not be properly addressed on a motion to dismiss because it... Read More
By William T. Barker , Partner, Dentons US LLP Every liability insurance claim requires an adjuster to deal with issues relating to the plaintiff's claim against the insured: it must be evaluated and defended or settled. For purposes of this commentary... Read More
You Must Comply With California Regulations by September 1 Fair Claims Settlement Practices Regulations All insurers doing business in California must comply with the requirements of California Fair Claims Settlement Practices Regulations (the “Regulations”... Read More
In Quihuis v. State Farm Mut. Auto. Ins. Co ., — Fed.Appx. —-, 2014 U.S. App. LEXIS 24449 (C.A.9 (Ariz.) 12/24/14), [ enhanced version available to lexis.com subscribers ], the Ninth Circuit Court of Appeal, tracking Arizona law, was asked... Read More
In its recent decision in Cox Operating v. St. Paul Surplus Lines Ins. Co ., 2014 U.S. Dist. LEXIS 3140 (S.D. Tex. Jan. 10, 2014) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern District of Texas... Read More
Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Webb Operating Co. v. Zurich American Ins. Co ., 2011 U.S. Dist. LEXIS 73675 (E.D.Mich. July 8, 2011) , the United States District Court for the Eastern... Read More