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

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

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

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

There’s Been No “Tender” – Does Insurer Still Need To Respond?
Posted on 28 Jul 2015 by Randy J. Maniloff

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the... Read More

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage
Posted on 24 Apr 2014 by Mealeys

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which... 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 Advance ], (D.N.J. Sept. 11, 2015), the United States District Court... Read More

Oops, Insurer’s Poorly Drafted Language Applied As Written; Double Oops, Insured Can’t Complain When New York Law is Applied After It Chose to Reject Missouri Tax
Posted on 19 Aug 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The... Read More

Is that Covered? Reservation of Rights Letter
Posted on 22 Jan 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim... 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

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement
Posted on 27 Oct 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S... Read More

New York Court Holds Disclaimer Letter Untimely
Posted on 4 Nov 2015 by Brian Margolies

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co ., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1 st Dep’t Oct. 8, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the... Read More

Fifth Circuit Holds Insurer Waived One-Year Reporting Requirement in Pollution Buy-Back Endorsement
Posted on 24 Aug 2015 by Brian Margolies

In its recent decision in Cox Operating, L.L.C. v. St. Paul Surplus Lines Ins. Co., 2015 U.S. App. LEXIS 13318 (5 th Cir. July 30, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the United States Court... Read More