Insurance Law

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MUST READ Reservation Of Rights Case (A Top 10 Case Of 2014)
Posted on 9 Sep 2014 by Randy J. Maniloff

I’m capable of writing a hyperbolic headline in Coverage Opinions now and then. Really, I am. But this isn’t one of them. If you read only one article in this issue of CO , make it this one. In Builders & Exteriors, Inc. v. Mid-Continent... Read More

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.
Posted on 30 Aug 2012 by Cynthia S. Betz

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18
Posted on 2 Jul 2010 by Martha Kersey

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A... Read More

Northern District of Illinois Cites As Authority New Appleman on Insurance Law Library Edition and Current Critical Issues in Insurance Law
Posted on 27 Dec 2011 by LexisNexis Insurance Law Newsroom Staff

Both the New Appleman on Insurance Law Library Edition treatise and the New Appleman on Insurance: Current Critical Issues in Insurance Law current awareness quarterly were cited in a recent federal court decision. The case of Continental Casualty Co... Read More

Insured May Settle Claim Before Suit if Insurer Wrongfully Denies Coverage
Posted on 11 Mar 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Selective Ins. Co. v. Cherrytree Cos. , 2013 IL App (3) 120959 [ enhanced version available to lexis.com subscribers ], the Illinois Appellate Court for the Third District drove the... Read More

Don’t Mess With Texas’s Duty to Defend: High Court Continues To Adhere To Its Unique Rule That The Duty To Indemnify Is Broader Than The Duty To Defend
Posted on 19 Jul 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP In New Jersey the Duty to Defend is the Duty to Depend, as coverage for defense costs is limited to claims that are ultimately covered under the policy. In California, and other states, the Duty to Defend... Read More

When The Duty To Indemnify Is Broader Than The Duty To Defend
Posted on 17 Jul 2014 by Randy J. Maniloff

When it comes to coverage principles this one is as black as coal: the duty to defend is broader than the duty to indemnify and if an insurer does not have a duty to defend, it does not have a duty to indemnify. But in Texas it can be a different story... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Oregon Federal Court Holds No Duty to Pay Insured’s Appellate Costs
Posted on 3 Jul 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012) , the United States District Court for the District of Oregon... Read More

New York Appeals Court Reverses Itself in K2 Investment Group Decision; Reaffirms Earlier Ruling in Servidone
Posted on 26 Feb 2014 by Duane Morris LLP

In a decision notable for several reasons [ enhanced version available to lexis.com subscribers ], the New York State Court of Appeals—the state's highest court—reversed itself in K2 Investment Group, LLC v. American Guarantee & Liability... Read More

Jungleland: New Jersey and the Duty to Defend
Posted on 11 Aug 2011 by Randy J. Maniloff

Big Man ‐ ifesto From The Supreme Court Applying A Broad Duty to Defend Randy J. Maniloff, White and Williams, LLP "There's an old joke - um... two elderly women are at a Catskill mountain resort, and one of 'em says, 'Boy, the... Read More

SNR Denton on Santa’s Best Craft, L.L.C. v Zurich American Insurance Co.: Insurer May Reasonably Dispute Independent Counsel’s Fees Without Risking Estoppel
Posted on 11 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton An Illinois insurer that breaches its duty to defend may be estopped to assert coverage defenses to the duty to indemnify. In Santa’s Best Craft, L.L.C. v Zurich American Insurance Co. , the insured... Read More

Florida Court Holds Insurer Has Duty to Indemnify Legionella Bacteria Claim
Posted on 26 Oct 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010) , the United States District Court for the Middle District of Florida held that a general liability... Read More