Insurance Law

Recent Posts

Class Action Certified for Lender Requiring More Flood Insurance
Posted on 2 Oct 2012 by Barry Zalma

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower... Read More

Coverage College Flunkie: Me
Posted on 25 Oct 2010 by Randy J. Maniloff

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the way... Read More

The “True Facts” Exception To The Four Corners-Duty To Defend Rule
Posted on 14 Apr 2014 by Randy J. Maniloff

By my count, about 35 or so states, give or take, allow for the consideration of extrinsic evidence, in one form or another, to determine an insurer’s duty to defend. In other words, they allow for the consideration of information, beyond what’s... Read More

Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend
Posted on 4 Jun 2014 by Brian Margolies

In its decision in Burlington Ins. Co. v. CHWC, Inc ., 2014 U.S. App. LEXIS 3941 (9 th Cir. Mar. 3, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Ninth Circuit, applying California law, had... Read More

Massachusetts Court Allows Consideration of Extrinsic Evidence
Posted on 16 Aug 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in BioChemics, Inc. v. AXIS Reinsurance Co ., 2013 U.S. Dist. LEXIS 111218 (D. Mass. Aug. 7, 2013) [ enhanced version available to lexis.com subscribers ... Read More

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer
Posted on 25 Jan 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all have... Read More

SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured
Posted on 27 Dec 2011 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require consideration... Read More

SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured
Posted on 27 Dec 2011 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require... Read More

Class Action Certified for Lender Requiring More Flood Insurance
Posted on 2 Oct 2012 by Barry Zalma

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower... Read More

The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer
Posted on 25 Jan 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Some people get into bar fights. Others, such as those that are 5‟4" and wear glasses and a bowtie, are also involved in bar fights - they analyze the insurance issues that arise from them. We all... Read More

Coverage College Flunkie: Me
Posted on 25 Oct 2010 by Randy J. Maniloff

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the... Read More