Insurance Law

Recent Posts

High Court Hands Excess Insurers A Big Bad Faith Stick Against Primaries
Posted on 26 Jan 2015 by Randy J. Maniloff

There is nothing out of the ordinary about suits by excess insurers, against an underlying primary insurer, alleging that the primary had an opportunity to settle a claim within its limit, did not do so, and, as a consequence, there was later a verdict... Read More

7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund
Posted on 7 May 2015 by Foley & Lardner LLP

The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... 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 Sanderson v. American Family Insurance Co.: “Fair Debatability” Not Threshold Defense in Colorado?
Posted on 30 Dec 2010 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Sanderson v. American Family Insurance Co. [1] affirmed summary judgment for an insurer on bad faith, but asserted that the fact that the claim was “fairly debatable” was... Read More

Liquidation – New Appleman on Insurance Law Library Edition, Chapter 101
Posted on 12 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By Katherine Billingham Abstract Liquidation of an insurance company is the equivalent of a Chapter 7 bankruptcy and is the remedy of last resort for an insurer in financial difficulty. This chapter examines the timing, purpose and grounds for liquidation... Read More

Bankruptcy Issues Arising For Specific Kinds of Insurance – New Appleman on Insurance Law Library Edition, Chapter 110
Posted on 30 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By James M. Lawniczak Abstract *** Chapter 110 covers insurance issues that often arise in federal bankruptcy cases. Due to their nature, certain types of insurance policies are implicated more often in bankruptcy proceedings than others.... Read More

Consequences of Insurer Insolvency – New Appleman on Insurance Law Library Edition, Chapter 102
Posted on 17 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By Bruce Baty and Jodi Adolf Abstract * * * Chapter 102 discusses the consequences of an insurer insolvency for the policyholders, agents, excess insurers and reinsurers of the insolvent insurer. The chapter begins in Section 102.01 with... Read More

Rehabilitation Of Insurers – New Appleman on Insurance Law Library Edition, Chapter 100
Posted on 11 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By Patrick H. Cantilo, Mark F. Bennett, Arati Bhattacharya Abstract *** This chapter addresses the rehabilitation of insurers. In general, upon the advent of receivership proceedings (for purposes of this chapter, any proceeding through which... Read More

Insurance as an Asset in the Estate – New Appleman on Insurance Law Library Edition, Chapter 108
Posted on 26 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By Susan N. K. Gummow Abstract *** Having reviewed the basic elements and concepts of bankruptcy law in Chapter 107 above, Chapter 108 focuses on how insurance functions as an asset of the debtor’s bankruptcy estate. Section 108.01... Read More

Bad Faith in Liability Insurance - New Appleman on Insurance Law Library Edition, Chapter 23
Posted on 11 Aug 2010 by LexisNexis Insurance Law Newsroom Staff

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited... Read More

Impact Of Bankruptcy On Insurance Matters – New Appleman on Insurance Law Library Edition, Chapter 109
Posted on 27 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

Abstract *** Having considered the bankruptcy process generally in Chapter 107 and undertaken an inquiry into how insurance functions as an asset of the bankruptcy estate in Chapter 108 above, this chapter turns to the impact of bankruptcy on insurance... Read More

Receivership – New Appleman on Insurance Law Library Edition, Chapter 99
Posted on 9 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

By Douglas Hertlein Abstract * * * Chapter 99 analyzes all forms of insurer receiverships. When a commissioner’s regulatory powers, including the power to issue supervision orders, prove to be insufficient to address financial or other... Read More

Revisiting the Three Rs: Risks, Rewards, and Rescission
Posted on 22 Jun 2011 by Mary McCutcheon and Amanda Hairston

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston... Read More

Ashkenazi v. AXA Equitable Life – Policies Procured by Fraud
Posted on 27 Oct 2010 by Stephan Leimberg and Howard Zaritsky

By Stephan Leimberg and Howard Zaritsky "life insurance is designed to replace or preserve wealth or income that is lost due to an insured's death, rather than create wealth or income." Ashkenazi v AXA Equit. Life Ins. Co., 2009 NY... Read More