Insurance Law

Recent Posts

Perkins Coie LLP on Denial of Coverage to Direct Action Statute Claimant for Failing to Report the Claim to the Insurer During the Policy Period Provides Reason to Review Notice Rules and Pertinent Recent Developments
Posted on 27 Mar 2013 by Perkins Coie

By Stephen M. Feldman and Nicholas P. Gellert, Attorneys, Perkins Coie LLP Although the case arose within the unique framework of Louisiana's Direct Action Statute and was said to be an issue undecided by the Louisiana Supreme Court requiring an... Read More

Coverage Opinions–September 11th: Revisiting The “War Risk” Exclusion
Posted on 11 Apr 2013 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry... Read More

Smaller Companies Should Consider Cyber-Liability Insurance
Posted on 29 Apr 2013 by Kevin M. LaCroix

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services Smaller companies increasingly are the subject of data breaches and those smaller companies "are the number-one target of cyber-espionage attackers," according... Read More

Farella Braun + Martel LLP: Protect Your Business With Cyber Liability Coverage
Posted on 19 Mar 2013 by Amanda Hairston

By Amanda Hairston, Senior Associate, Farella Braun + Martel LLP Many insurers are now offering "cyber liability" or "cyber risk" policies designed to protect policyholders against electronic injuries that policyholders may either... Read More

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy
Posted on 11 Mar 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in BCS Ins. Co. v. Big Thyme Enters ., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina... Read More

Neal, Gerber & Eisenberg LLP: Missouri Court Applies “All Sums” Allocation to Long-Tail Environmental Coverage Dispute
Posted on 30 Apr 2013 by LexisNexis Communities Staff

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to subscribers... Read More

Want Coverage for Construction Related Damage? You Need an Occurrence
Posted on 12 Mar 2013 by Christopher G. Hill

In reading the title to this post, you are likely thinking "Duh, of course you do, if nothing "occurs" then there is nothing to cover!" (or something to that effect). While this seems an obvious conclusion, we're talking the world... Read More

Massachusetts Rejects “In For One, In for All” Theory in Title Insurance Coverage
Posted on 30 Apr 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender having no legal ability to enforce the mortgage! (A slight problem..) GMAC Mortgage... Read More

D&O Insurance to Fund Entire "Largest Ever" $139 Million News Corp. Derivative Suit Settlement
Posted on 26 Apr 2013 by Kevin M. LaCroix

In what the plaintiffs' lawyers claim to be the largest derivative lawsuit settlement ever, the parties to the News Corp. shareholder derivative litigation have agreed to settle the consolidated cases for $139 million. The company also agreed to tighten... Read More

Perkins Coie LLP on Fifth Circuit Holds That Terms of Insurance Policy, Not Indemnification Provision of Contract, Controls Coverage for BP in Deepwater Horizon Insurance Dispute
Posted on 8 Apr 2013 by Perkins Coie

By James G. Bernald, Associate, Perkins Coie LLP Many different civil suits arose out of the April 2010 explosion of the Deepwater Horizon , a semi-submersible, mobile offshore drilling unit, and the resulting oil spill in the Gulf of Mexico. This... Read More

Title Insurer Underwriter Not Liable for Agent's Negligence Title Search
Posted on 8 Mar 2013 by Ballard Spahr LLP

By Robert A. Scott Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled. In... Read More

The Boston Bombing: Early Thoughts On Insurance Coverage
Posted on 25 Apr 2013 by Randy J. Maniloff

In the aftermath of the September 11th attacks, the insurance industry and federal government took a hard look at insurance coverage and put many provisions in place to address any future attacks. Thankfully, all of that work collected dust for over a... Read More

SNR Denton on Cedell v. Farmers Insurance Co.: Washington Limits Attorney-Client Privilege in First-Party Bad Faith Cases
Posted on 1 Apr 2013 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Cedell v. Farmers Insurance Co., the Washington Supreme Court held that, in a first-party bad faith claim (other than regarding a uninsured or underinsured motorist claim), the insurer's... Read More

Cooking Grease Can Be A Pollutant
Posted on 6 Mar 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant Christopher Roinestad and Gerald Fitz-Gerald, and Tim Kirkpatrick, D/B/A Hog's Breath Saloon & Restaurant ("respondents") were overcome by poisonous hydrogen sulfide gas while cleaning a large... Read More

Bullivant Houser Bailey: Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company's Bad Faith Case
Posted on 23 Apr 2013 by Bullivant Houser Bailey PC

By Matthew E. Hedberg , Bullivant Houser Bailey PC In an opinion issued April 3, 2013, the Idaho federal district court held that when an attorney participates in the investigation of a claim and provides coverage advice, the facts gathered by the... Read More