Insurance Law

Recent Posts

The Selection Process: Ten Most Significant Coverage Decisions Of 2014
Posted on 8 Dec 2014 by Randy J. Maniloff

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

Appeals Court Allows Insurer To Handle Identical Claims Differently
Posted on 2 Sep 2015 by Randy J. Maniloff

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

Ten Most Significant Insurance Coverage Decisions Of 2014 – The Extended Reporting Period: A Lesson Before Denying
Posted on 29 Dec 2014 by Randy J. Maniloff

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 Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies
Posted on 5 Aug 2014 by LexisNexis Insurance Law Newsroom Staff

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

Insurance for Emerging Companies: Understanding the Insurance You Have
Posted on 23 Sep 2015 by Amanda Hairston

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

Two Courts Hold That Adjuster Can Be Personally Liable For Wrongful Claims Handling Conduct
Posted on 29 Jul 2015 by Randy J. Maniloff

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

Make Sure You're Covered - Report All Claims And Potential Claims
Posted on 1 Jun 2015 by Vandeventer Black LLP

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

California’s Insurance Fraud Prevention Act: 3 Unsettled Issues The Health Sector Should Understand
Posted on 17 Feb 2015 by DLA Piper

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

Relatedness of Claims is Not Properly Addressed on a Motion to Dismiss Where it Involves a Factual Inquiry
Posted on 18 Nov 2015 by Troutman Sanders

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

Dentons on Should Liability Insurance Claim Files Be Split and, If So, When?
Posted on 13 Oct 2014 by William T. Barker

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

California Fair Claims And SIU Regulations Require Annual Training
Posted on 23 Jul 2014 by Barry Zalma

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

No Coverage – No Suit Against Insurer: Insurer May Litigate Coverage Dispute
Posted on 8 Jan 2015 by Barry Zalma

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

Texas Court Predicts Accrual Date for Prompt Payment of Claims Act
Posted on 7 Feb 2014 by Brian Margolies

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

Michigan Court Holds No Coverage Under Successive UST Policies
Posted on 22 Jul 2011 by Brian Margolies

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

Michigan Court Holds No Coverage Under Successive UST Policies
Posted on 22 Jul 2011 by Brian Margolies

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