Insurance Law

Recent Posts

Very Significant Duty To Defend Case: If You Read Only One Article In This Issue Of Coverage Opinions….
Posted on 9 Nov 2015 by Randy J. Maniloff

If you read only one article in this issue of Coverage Opinions, make it the one about my webinar – “The Definitive Reservation of Rights Checklist: 50 Things That Every ROR Needs.” If you read two, make this one the other. There... Read More

Court Holds That a Coinsurer’s Notice of a Claim Brought Against a Mutual Insured Qualified as a Valid Tender Despite Policy Provision Requiring the Insured Itself to Provide Notice
Posted on 2 Jun 2015 by Troutman Sanders

Millennium Labs., Inc. v. Darwin Select Ins. Co., 2014 U.S. Dist. LEXIS 170439 (S.D. Cal. Dec. 9, 2014) , [ enhanced version available to subscribers ]. In Millennium , the Southern District of California rejected an insurer’s argument... Read More

Report Promptly, Sue Quickly or Else – Private Limitations of Action Provision Enforceable
Posted on 15 Jan 2015 by Barry Zalma

First-party property insurance policies always include a prompt reporting requirement and a private limitations of action provision. Even if the claim is reported promptly once it is denied the insured should never sit on his/her/its rights before filing... Read More

The Importance of Proof of Mailing: If Premium Not Paid, Policy Cancelled
Posted on 12 Jun 2014 by Barry Zalma

Insurance is, by definition, a contract whereby the insurer, for consideration, agrees to defend or indemnify another against a contingent or unknown risk. For an insurance policy to exist, therefore, the person insured must pay the premium (the consideration... Read More

WV Department of Insurance Clarifies Requirements for Issuing Delay Letters
Posted on 4 Jun 2014 by Steptoe & Johnson PLLC

By Chelsea V. Prince, Associate The West Virginia Insurance Commissioner recently issued Informational Letter No. 189 which interprets and clarifies those portions of the W.Va. Code of State Rules requiring delay letters during the investigation... Read More

Government Investigations Can Constitute Covered “Claims”—and Require Notice—Under Liability Insurance Policies
Posted on 4 Feb 2014 by Perkins Coie

By Michael T. Sharkey This commentary examines recent court decisions around the country that have held that subpoenas and other forms of government investigations are “claims” triggering coverage under various types of liability insurance... Read More

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court
Posted on 19 Mar 2014 by Brian Margolies

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had... Read More

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy
Posted on 29 Apr 2014 by Brian Margolies

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland , 2014 U.S. Dist. LEXIS 22631 [ enhanced version available to subscribers ], the United States District Court for the District of Maryland had... Read More

D&O and Professional Liability 2013 - A Year In Review
Posted on 28 Apr 2014 by Troutman Sanders

Troutman Sanders is pleased to announce the release of 2013 | A Year In Review . This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2013 by courts in nearly every jurisdiction of the country regarding... Read More

Pay a Million for Nothing: Sufficient Notice of Premium Due
Posted on 24 Oct 2013 by Barry Zalma

Cash Surrender Value Life Insurance On Old Person Not a Bargain Conseco Life Insurance Company’s predecessor issued a flexible premium life insurance policy to Johnston & Johnston on the life of Mary Ann D. Johnston in 1988. The Policy’s... Read More

Life Insurance Remedies: May a Living Insured Recover Damages for an Insurer's Failure to Provide a Required Grace Period Notice?
Posted on 2 Apr 2014 by LexisNexis Insurance Law Newsroom Staff

In Life Insurance Remedies: May a Living Insured Recover Damages for an Insurer’s Failure to Provide a Required Grace Period Notice?, by Michael P. Cunningham of Funk & Bolton, P.A., the author notes that most attorneys practicing in the area... Read More

Make Sure You're Covered - Report All Claims And Potential Claims
Posted on 1 Jun 2015 by Vandeventer Black LLP

By Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge... Read More

Extended Reporting Period Held to Apply Only to Claims First Made During That Period and Not Claims Made During the Original Policy Period
Posted on 7 Nov 2013 by Troutman Sanders

PCCP, LLC v. Endurance Am. Specialty Ins. Co. , 2013 U.S. Dist. LEXIS 114400 (N.D. Cal. Aug. 13, 2013) [ enhanced version available to subscribers ] PCCP, LLC v. Endurance American Specialty Insurance Co. concerned the interpretation of... Read More

Virginia Federal Court Sustains Late Notice Disclaimer
Posted on 25 Jun 2015 by Brian Margolies

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America , 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), [ enhanced version available to subscribers ], the United States District Court for the Western... Read More

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy
Posted on 25 Aug 2014 by Troutman Sanders

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable... Read More