Insurance Law

Recent Posts

New York Court Says N-O To Reimbursement Of Defense Costs: Most Extensive N.Y. Case To Address The Issue
Posted on 5 Mar 2015 by Randy J. Maniloff

I’ve been saying for years that reimbursement of defense costs can be an overrated issue. It is the CATS of coverage issues. First, many states – especially lately -- have rejected an insurer’s right to seek reimbursement of defense... Read More

California Appellate Court Upholds Replacement Cost Condition but Authorizes "Conditional Judgment" for Replacement Cost Benefits
Posted on 8 Jan 2015 by Andrew B. Downs

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover... Read More

Insurer Failure to Pay Defense Costs Excused by Insured Failure to Prove-Up Fees
Posted on 9 Mar 2015 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Country Mut. Ins. Co. v. Hilltop View, LLC , 2014 IL App (4th) 140007, the appellate court, [ enhanced version available to subscribers ], reversed the trial court’s... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Supreme Court Awards the Entire Kitchen For Insurer’s Breach Of the Duty To Defend
Posted on 19 Dec 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More

Under California Law, Absent Extraordinary Circumstances, Insurers Have No Obligation to Pay for Pre-Tender Fees and Costs under Duty to Defend or Reimbursement Policies
Posted on 19 May 2015 by Troutman Sanders

Disputes between policyholders and insurance carriers often arise in the context of an insured’s payments made before providing notice of a claim to its carrier. However, California courts routinely hold that, absent special circumstances discussed... Read More

Recent Developments in California Bad Faith Law and Related Trends
Posted on 29 Sep 2014 by Tyler C. Gerking

By Tyler Gerking On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s 28th... Read More