Insurance Law

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Texas Supreme Court Revisits Additional Insured Coverage for Deepwater Horizon Disaster
Posted on 1 Apr 2015 by Brian Margolies

In In Re Deepwater Horizon , No. 13–0670 (February 13, 2015), [ enhanced version available to lexis.com subscribers ], the Texas Supreme Court had occasion to consider the extent to which the scope of additional insured coverage is limited by the... Read More

Automobile Policy’s Exclusion for Bodily Injury to “an Insured” Held Unenforceable and Against Public Policy With Regard to Injuries Sustained by a Non-Relative of the Named Insured
Posted on 29 Jan 2015 by Troutman Sanders

Mercury Cas. Co. v. Chu , 229 Cal. App. 4th 1432 (2014), [ enhanced version available to lexis.com subscribers ]. In Mercury , the California Court of Appeal held that an exclusion in an automobile policy for “bodily injury to an insured”... Read More

Is That Covered? "Additional Insured" Coverage for Claims Brought by Employees of Named Insured
Posted on 16 Oct 2014 by McNees Wallace & Nurick LLC

By Michael R. Kelley Consider this common scenario: Big Shopping Mall owns the local shopping development and leases stores to multiple tenants, including the Popular Chain Restaurant. An employee of the Popular Chain Restaurant, Bob Suzealot, slips... Read More

Insured vs. Insured Exclusion – One Insured Can’t Get a Defense When Sued by Another Insured
Posted on 22 Jun 2015 by Barry Zalma

Robert D. Redmond sued ACE American Insurance Company (“ACE”) after it refused to provide insurance coverage in connection with a civil suit Redmond’s former employer brought against him. The District Court dismissed Redmond’s... Read More

New Appleman Premium Online Checklists - § 34.01 Checklist: Determining Parties and Insurable Interests to Life Insurance Policies
Posted on 20 Apr 2010 by LexisNexis Insurance Law Newsroom Staff

New Appleman Premium Online Checklists - § 34.01 Checklist: Determining Parties and Insurable Interests to Life Insurance Policies , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist gives step... Read More

Insurer Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
Posted on 3 Sep 2015 by Troutman Sanders

In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American... Read More

Duty to Defend Triggered by Extrinsic Evidence Showing Insurer-Insured Relationship Existed
Posted on 24 Sep 2015 by Bullivant Houser Bailey PC

By Matthew E. Hedberg Last month, the Oregon Court of Appeals issued another decision that rejects a rigid application of the four-corners rule to determining the duty to defend. Previously, in Fred Shearer & Sons, Inc. v. Gemini Ins. Co. ,... 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

Vicarious Liability & Additional Insured Endorsement – Duty To Defend Based on Extrinsic Evidence
Posted on 23 Jun 2015 by Barry Zalma

Capital City Real Estate, LLC (“Capital City”) initiated a declaratory judgment action in the District of Maryland, seeking a declaration that Certain Underwriters at Lloyd’s London (“Underwriters”) were obligated to defend... 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

New Appleman Premium Online Checklists - § 34.01 Checklist: Determining Parties and Insurable Interests to Life Insurance Policies
Posted on 20 Apr 2010 by LexisNexis Insurance Law Newsroom Staff

New Appleman Premium Online Checklists - § 34.01 Checklist: Determining Parties and Insurable Interests to Life Insurance Policies , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist gives step... Read More