Insurance Law

Recent Posts

Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)
Posted on 1 Dec 2015 by Randy J. Maniloff

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor... Read More

The 10 Most Significant Liability Coverage Cases – Of All Time
Posted on 19 Feb 2015 by Randy J. Maniloff

I have spent fourteen years coming up with a list of the ten most significant liability coverage cases of that year. In all that time it never occurred to me, until now, to put together a list of the ten most significant coverage cases of all-time. These... Read More

Policy Needs Void For Fraud Language – Fake Doctor & Innocent Co-Insureds
Posted on 4 Nov 2014 by Barry Zalma

Medical malpractice insurance is designed to protect doctors who accidentally cause injury to their patients. The insurance policy is issued based upon the truth of facts reported in applications for insurance. In Evanston Ins. Co. v. Watts , Slip Copy... Read More

New Jersey Court Holds Demand Letter Is A Claim
Posted on 26 Oct 2015 by Brian Margolies

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court... Read More

Mississippi Supreme Court Provides A Clinic In Plain Meaning To Preclude Coverage [Yes, Mississippi]
Posted on 8 Oct 2014 by Randy J. Maniloff

It is routine for a court, setting out to resolve an insurance coverage dispute, to begin its opinion by laying out the rules that will determine its decision. And it is likely that, somewhere in the court’s recitation, will be a statement that... Read More

Sued For Good Work – Expert Required to Establish Agent’s Negligence
Posted on 14 Jan 2014 by Barry Zalma

Insurance agents and brokers are insurance professionals whose actions in placing insurance require compliance with the standards of practice and skills of an insurance broker which are not necessarily matters of common knowledge. Under Pennsylvania law... Read More

What Could Have Been: Court Holds That Policy With Eroding Limits Does Not Violate Public Policy
Posted on 31 Aug 2015 by Randy J. Maniloff

Westport Insurance Company v. Mylonas, No. 14-5760 (E.D. Pa. July 15, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], is one of those cases involving a very interesting issue -- but that will likely go... Read More

Goldberg Segalla’s Professional Liability Monthly – October, 2011
Posted on 17 Nov 2011 by Sharon Angelino, Brian Biggie and Richard Cohen

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal... Read More

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
Posted on 20 Aug 2012 by Andrew B. Downs

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's... Read More

Goldberg Segalla's Professional Liability Monthly - April 2011
Posted on 2 May 2011 by Sharon Angelino, Brian Biggie and Richard Cohen

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers BRYAN BROS., INC. v. CONTINENTAL CASUALTY CO. (4th Cir. March... Read More

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy
Posted on 10 Aug 2015 by Brian Margolies

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States... Read More

Goldgerg Segalla’s Professional Liability Monthly – February, 2011
Posted on 16 Mar 2011 by Sharon Angelino, Brian Biggie and Richard Cohen

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers ERIC C. RAJALA v. LOOKOUT WINDPOWER, LLC (D.Kansas, February... Read More

Supreme Court of Washington Holds Carrier Cannot Sue Defense Counsel
Posted on 23 Oct 2013 by Brian Margolies

In its recent decision in Stewart Title Guar. Co. v. Sterling Sav. Bank , 2013 Wash. LEXIS 769 (Wash. Oct. 3, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Washington had occasion to consider whether an insurer can... Read More

A Rare Narrowing Of The Consumer Fraud Act's Scope: Medical Malpractice Insurance Not Covered
Posted on 21 May 2015 by Peter J. Gallagher

By Peter J. Gallagher ( @pjsgallagher ) It is not every day that a New Jersey court limits the scope of the New Jersey Consumer Fraud Act (“CFA”), [ enhanced version available to lexis.com subscribers ], so when one does, it is worth... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... Read More