By Syed S. Ahmad and Patrick M. McDermott I. Introduction For years, reinsurers have attempted to use the Bellefonte case to cap their liability. Bellefonte has thus served as a thorn in cedents' sides for some time. However, recent court... Read More
In its recent decision in Navigators Ins. Co. v. Amsterdam , 2015 U.S. Dist. LEXIS 64385 (E.D. Pa. May 18, 2015), [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of Pennsylvania had occasion... Read More
It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case... Read More
By Colin B. Willmott and Jonathan L. Schwartz One of the most remarkable and memorable scandals of 2014 involved Donald Sterling, the longtime owner of the Los Angeles Clippers, who received a lifetime ban from the National Basketball Association.... Read More
By Mary McCutcheon No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss, or... Read More
This case arises from a collision between a vehicle driven by Barry Hunt and a snow plow owned by Dane County. Wisconsin and operated by a county employee. Barry Hunt and his wife, Ashley Hunt, had a motor vehicle liability policy with State Farm Mutual... Read More
In January, the Supreme Court of Texas, in easily one of the most important coverage cases of 2014, held in Ewing Construction Co. v. Amerisure Insurance Co., [ enhanced version available to lexis.com subscribers ], that the “contractual liability”... Read More
As mentioned in the July 23rd issue of Coverage Opinions , the Pennsylvania Supreme Court’s 1967 decision in PMA v. Aetna, [ enhanced version available to lexis.com subscribers ], has long-been a controversial one. The decision holds that the Employer’s... Read More
By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing... Read More
It has now been nine months since the American Law Institute did a switcheroo and converted its Principles of the Law of Liability Insurance to the Restatement of the Law of Liability Insurance. Just a one word change – but an impact that speaks... Read More
In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated... Read More
You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not... Read More
By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California... Read More
Ecolite Concrete USA, Inc. v. G.S. Levine Ins. Services, Inc ., 2014 Cal. App. Unpub. LEXIS 9271 (Cal. App. Dec. 31, 2014), [ enhanced version available to lexis.com subscribers ]. In Ecolite Concrete , the California Court of Appeal affirmed the trial... Read More
The Missouri Supreme Court cited the chapter written by Douglas Richmond on agent and broker liability in the New Appleman on Insurance Law Library Edition several times in Emerson Electric Co. v. Marsh & McLennan Cos., 362 S.W.3d 7 (Mo. 2012) , a... Read More