Insurance Law

Recent Posts

The Myth of Bellefonte No More
Posted on 5 Aug 2015 by Mealeys

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

Did This Supreme Court Just Change The Bad Faith Landscape? Is The Decision Poised To Have A National Impact?
Posted on 24 Jun 2015 by Randy J. Maniloff

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

Pennsylvania Court Holds Disputed Allegations In Complaint Do Not Negate Duty to Defend
Posted on 18 Jun 2015 by Brian Margolies

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

How To Maintain A 'Sterling' Reputation With Your Clients: What You Need To Know About CGL Coverage For Unauthorized Recording Claims
Posted on 14 May 2015 by Mealeys

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

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs
Posted on 23 Apr 2015 by Mary McCutcheon

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

PMA v. Aetna: Straight From The Horse’s Mouth: PMA’s Lawyer Still At It Nearly 60 Years Later
Posted on 27 Aug 2014 by Randy J. Maniloff

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

Ewing’s Undoing’s Ungluing: Appeals Court Follows Ewing And Holds That Contractual Liability Exclusion Precludes Coverage For Construction Defect Claim
Posted on 28 Aug 2014 by Randy J. Maniloff

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

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
Posted on 22 Sep 2015 by Bullivant Houser Bailey PC

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

California Supreme Court: Insureds May Freely Transfer Insurance Rights
Posted on 29 Sep 2015 by John Green

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

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial
Posted on 1 Sep 2015 by Randy J. Maniloff

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

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments
Posted on 8 Oct 2015 by Neal Gerber Eisenberg

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

Update: ALI’s Restatement Of The Law Of Liability Insurance
Posted on 15 Jul 2015 by Randy J. Maniloff

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

Insurance Broker Was Not Liable for Failing to Timely Tender an Insured’s Claim Because the Policy Would Not Have Covered the Claim Even if it Were Timely Tendered
Posted on 21 May 2015 by Troutman Sanders

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