Insurance Law

Recent Posts

Ohio Federal Court: Insurers’ Exposure For Construction Projects: A New Frontier?
Posted on 28 May 2013 by Randy J. Maniloff

While much debate has centered around coverage for construction defects, the parties have at least known where the claims are coming from - a structure is set out to be built, something doesn't go right and repairs need to be made. But in IMG Worldwide... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the... Read More

Washington Appellate Court Enforces Strict Exhaustion Language in Excess Directors and Officers Liability Policies
Posted on 2 Jan 2014 by Troutman Sanders

By Leslie S. Ahari and Gabriela A. Richeimer The State of Washington has joined the growing list of jurisdictions that have enforced strict exhaustion language in an excess policy’s insuring agreement in favor of the excess carrier in situations... Read More

The Eastern District of California Holds That A Carrier May Have An Affirmative Duty To Attempt to Settle A Claim Against The Insured When It Is Presented With A Reasonable Settlement Opportunity
Posted on 8 Apr 2014 by Troutman Sanders

Travelers Indem. of Conn. v. Arch Specialty Ins. Co. , 2013 U.S. Dist. LEXIS 169453 (E.D. Cal. Nov. 26, 2013) [ enhanced version available to lexis.com subscribers ] In Travelers , the district court concluded that the carrier must act in good faith... Read More

SNR Denton on Lease Crutcher Lewis WA, LLC v. National Union Fire Insurance Co.: Failure To Honor the Made-Whole Rule Can Be Bad Faith
Posted on 23 Dec 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton An insurer normally has subrogation or reimbursement rights when the losses it has paid are recoverable from a third party, but typically these rights are qualified by a requirement that its insured must be... Read More

Excess Insurance and Umbrella Coverage – New Appleman on Insurance Law Library Edition, Chapter 24
Posted on 18 Oct 2010 by Douglas R. Richmond

By Douglas R. Richmond, Senior Vice President, Aon Risk Services Businesses and individuals seeking liability protection have varying insurance coverage needs. One concern is the amount of coverage required to shield against potential losses. Some... Read More

Directors and Officers Insurance – New Appleman on Insurance Law Library Edition, Chapter 26
Posted on 20 Oct 2010 by Dan A. Bailey and Timothy W. Burns

Dan A. Bailey and Timothy W. Burns This chapter begins by discussing the enormous success of directors and officers ("D&O") insurance in protecting the personal assets of directors and officers and particularly outside corporate directors... Read More

Perkins Coie LLP on Second Circuit Decision Not Precluding Excess Insurance When Settlement Is Below Policy Limits
Posted on 16 Jul 2013 by Perkins Coie

The commentary "Perkins Coie LLP on Second Circuit Requires Payment of Underlying Losses to Trigger Excess Coverage Based on Policy Provisions," by Les Brown and Norton Cutler, analyzes the much discussed recent decision of Ali v. Fed. Ins.... Read More

New York’s Highest Court Perplexcess Insurers
Posted on 22 Jun 2011 by Randy J. Maniloff

Asbestos - But More - If the decision can make it here, it can make it anywhere Randy J. Maniloff, White and Williams, LLP Come on, isn't it annoying that New York's highest court is called the Court of Appeals of New York and not the... Read More

Reed Smith LLP Policyholder Alert: Zeig Reconsidered?
Posted on 22 Aug 2011 by John Berringer and Michael DiCanio

By John Berringer and Michael DiCanio, Attorneys, Reed Smith LLP While it has long been the general rule in New York and other jurisdictions that a policyholder's settlement with a primary insurer for less than full policy limits can nevertheless... Read More

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
Posted on 5 Nov 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding... Read More

A Primer for Managing Risks
Posted on 6 Feb 2012 by Verne Pedro

(Lexis.com subscribers may access the cases below by clicking on the links) By Verne A. Pedro, Special Counsel, Goldberg Segalla LLP Injured visitors, faulty construction, mold, critters, fire, natural disasters-businesses face substantial risks... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the... Read More

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
Posted on 28 Aug 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., a divided Mississippi Court of Appeals held, (on an issue that has divided other jurisdictions) that... Read More