Insurance Law

Recent Posts

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy
Posted on 25 Aug 2014 by Troutman Sanders

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to lexis.com subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable... Read More

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage
Posted on 24 Apr 2014 by Mealeys

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which... Read More

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
Posted on 20 Aug 2012 by Andrew B. Downs

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's... Read More

Directors and Officers Insurance: Separate Claims Deemed a Single Claim--What Are the Implications?
Posted on 21 May 2013 by Kevin M. LaCroix

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services As I have previously noted (refer for example here ), one of the most vexing issues in the D&O claims arena is the questions of whether or not two claims are or are... Read More

Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy
Posted on 4 Jul 2011 by Erica Dominitz and Amy Woodworth

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J. Dominitz... Read More

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court
Posted on 19 Mar 2014 by Brian Margolies

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had... Read More

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy
Posted on 29 Apr 2014 by Brian Margolies

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland , 2014 U.S. Dist. LEXIS 22631 [ enhanced version available to lexis.com subscribers ], the United States District Court for the District of Maryland had... Read More

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
Posted on 20 Aug 2012 by Andrew B. Downs

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's... Read More

Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy
Posted on 4 Jul 2011 by Erica Dominitz and Amy Woodworth

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J.... Read More