Insurance Law

Recent Posts

Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment Provisions, Allowing Transfer of Policy Rights to Asbestos Trust
Posted on 30 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

By Jennifer Black Strutt, Associate, McCarter & English, LLP Federal-Mogul Global, Inc., one of the world's largest manufacturers of automobile parts, and its affiliates filed for Chapter 11 bankruptcy, seeking to resolve asbestos-related... Read More

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage
Posted on 17 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English... Read More

McCarter & English on CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage
Posted on 19 Sep 2011 by Louis A. Chiafullo and Brett D. Kahn

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP The New Jersey Appellate Division's recent decision in Penn National Company v. Group C Communications may help policyholders secure coverage for Advertising Injury... Read More

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability... Read More

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint
Posted on 6 Aug 2012 by Adam Budesheim

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies... Read More

McCarter & English on Fifth Circuit Panel Affirms Award of Lost Business Income Based on Post-Loss Economic Conditions
Posted on 30 Aug 2011 by Mark Villanueva

By Mark D. Villanueva, Associate, McCarter & English, LLP The Fifth Circuit Court of Appeals in Berk-Cohen Assocs. v. Landmark Am. Ins. Co. , 2011 U.S. App. LEXIS 14911 (5th Cir. July 20, 2011) recently considered whether an insured may recover... Read More

McCarter & English on Dealing with Conflicts of Interest Inherent in Retrospective Premium Policies
Posted on 23 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy... Read More

McCarter & English on Vigilant Insurance Co. v. Sibbio: Insurer Had Duty to Defend Based on Reasonable Possibility of Coverage
Posted on 5 Dec 2012 by LexisNexis Insurance Law Newsroom Staff

By Lauren E. Ciancia, Associate, McCarter & English, LLP In Vigilant Insurance Co. v. Sibbio, 2012 N.Y. Misc. Lexis 4868 (N.Y. Sup. Ct. Oct. 9, 2012) , the New York Supreme Court held an insurance company has a duty to defend its policyholder... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III
Posted on 21 Oct 2011 by J. Wylie Donald

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have... Read More

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II
Posted on 20 Oct 2011 by J. Wylie Donald

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures... Read More