Insurance Law

Recent Posts

A Zealous Defense Can Affect Insurance Coverage
Posted on 26 Feb 2015 by Dennis Cusack

By Dennis Cusack A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that while the... Read More

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

Court Holds That an Insurer was Entitled to Seek Equitable Contribution from Another Insurer for a Portion of Defense and Settlement Costs That it Paid in Connection With Three Underlying Lawsuits Brought Against Their Mutual Insured
Posted on 9 Jun 2015 by Troutman Sanders

Westport Ins. Corp. v. N. Cal. Relief , 2014 U.S. Dist. LEXIS 173676 (N.D. Cal. Dec. 16, 2014), [ enhanced version available to lexis.com subscribers ]. In Westport, the Northern District of California held that the allegations of the underlying complaints... 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

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 lexis.com 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

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge
Posted on 1 Jul 2015 by Tyler C. Gerking

By Tyler Gerking On May 5, the California Supreme Court heard argument, [ briefs available to lexis.com subscribers ], in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s... Read More

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers
Posted on 28 Sep 2015 by Dennis Cusack

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC , Case No. S211645, then set for oral argument in the California Supreme Court. The Court decided the case on August 10, 2015, [subscribers can access an enhanced... 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