Insurance Law

Recent Posts

Words of Policy Control over Secret Intent of Insurer: Policy Must Be Read as a Whole
Posted on 18 Mar 2014 by Barry Zalma

Cheerleading is, by some measures, the second most dangerous college sport in the country. Cheerleading trails only football in terms of the total dollar value of catastrophic injury insurance claims submitted to the NCAA’s insurers. The injuries... Read More

Oops, Insurer’s Poorly Drafted Language Applied As Written; Double Oops, Insured Can’t Complain When New York Law is Applied After It Chose to Reject Missouri Tax
Posted on 19 Aug 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The... Read More

Property Policy Covers Equipment in Temporary Storage Facility
Posted on 22 Jan 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Amera-Seiki Corporation v. Cincinnati Insurance Company , No. 12-2739 (07/23/2013), [ enhanced version available to subscribers ], the Eighth Circuit put Cincinnati Insurance... Read More

Contra Proferentem – Not Always: When In Doubt – Rule Against the Insurer
Posted on 7 Jan 2014 by Barry Zalma

The doctrine of contra proferentem , which ordinarily guides courts to interpret ambiguous insurance contract language against the insurer-drafter and in favor of finding coverage for the insured policy holder, does not always apply. However, in a coverage... Read More

Bullivant Houser Bailey: California Court Rejects Declination Regardless of Insured's Breach of Proof of Loss and Notice Requirements
Posted on 29 Nov 2012 by Bullivant Houser Bailey PC

By Jess B. Millikan , Shareholder, Bullivant Houser Bailey PC Once again, insurers are reminded that California courts may not enforce clear and plain language in their contracts. While California courts frequently recognize that insurance policies... Read More

SNR Denton LLP on Pedicini v. Life Insurance Co. of Alabama: Insurer Acted in Bad Faith by Refusing To Recognize Ambiguity of Policy Language
Posted on 13 Nov 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Pedicini v. Life Insurance Co. of Alabama, 682 F.3d 522 (6th Cir. 2012), the Sixth Circuit held that the relevant language in a medical insurance policy was ambiguous and further... Read More

Illinois’ Broad Duty to Defend Rule Is Put to the Test, and Prevails, for Now: Philadelphia Indemnity Insurance Co. v. Chicago Title Insurance Co.
Posted on 17 Jan 2013 by David M. Rosenfield

By David Rosenfield, Attorney, Reed Smith LLP Illinois and numerous other jurisdictions adhere to the long-standing rule that if an insurer has a duty to defend a single count in a multi-count complaint, then it has a duty to defend the entire complaint... Read More

California Clarifies Scope of Reasonable Expectations for Additional Insureds
Posted on 22 Jan 2014 by Andrew B. Downs

Insurance policies often insure persons or entities other than the named insured, often because the named insured is obligated to obtain insurance to protect those other persons. In California, when a policy provision is ambiguous because it is susceptible... 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

Employment Practices Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 28
Posted on 3 May 2011 by LexisNexis Insurance Law Newsroom Staff

By L.D. Simmons, II and Lowndes C. Quinlan, Attorneys, McGuireWoods LLP This chapter begins by discussing the development and brief history of Employment Practices Liability (“EPL”) policies, as well as the law that has so far developed... 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

Wasteful Litigation – Failure To Read Policy No Excuse
Posted on 26 Nov 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance is, and has always been a contract. In modern practice insurance policies are written in easy to read language that requires nothing more than a fourth grade education to understand. Regardless,... Read More

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC
Posted on 13 Jun 2011 by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions... Read More

Policy Limits Are Policy Limits – The Policy Says Only What It Says
Posted on 17 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis... Read More