Insurance Law

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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

Three Sheets To The Win: Policyholder Rewarded For Being Drunk
Posted on 16 Jul 2015 by Randy J. Maniloff

The court in IDS Property Casualty Ins. Co. v. Schonewolf, No. 13-6039, 2015 U.S. Dist. LEXIS 67542 (E.D. Pa. May 26, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], gave away the ending right at the get... Read More

Acts Held to Constitute Intentional Intimidation and Harassment in an Underlying Action do not Constitute an “Occurrence” Under Insured’s Homeowner’s Policy
Posted on 1 Jun 2015 by Troutman Sanders

Allstate Ins. Co. v. Van Scyoc , 2014 U.S. Dist. LEXIS 177366 (C.D. Cal. Dec. 19, 2014), [ enhanced version available to lexis.com subscribers ]. In Van Scyoc , the Central District of California held that the insureds’ intentional attempts to... Read More

Environmental Insurance – New Appleman on Insurance Law Library Edition, Chapter 27
Posted on 21 Oct 2010 by LexisNexis Insurance Law Newsroom Staff

By Robyn L. Anderson, Kimberly K. Winter, Jessica E. Merrigan, and Carly D. Duvall, Lathrop & Gage LLP With climate change, weather-related catastrophes, energy shortfalls, and a historically large oil spill in the Gulf of Mexico, it is no surprise... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18
Posted on 2 Jul 2010 by Martha Kersey

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A... Read More

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19
Posted on 22 Jun 2010 by Sherilyn Pastor

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement... Read More

Construction Defects as an ‘Occurrence’: State Legislatures Weigh In
Posted on 2 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Edwin L. Doernberger and Theresa A. Guertin, Attorneys, Saxe Doernberger & Vita, P.C. In their article appearing in the November/December 2011 issue of Coverage, "Construction Defects as an 'Occurrence': State Legislatures Weigh... Read More

Environmental Coverage Summary: 2013 – Environmental Cases Addressing Other Significant Issues
Posted on 3 Mar 2014 by Mealeys

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes... Read More

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”
Posted on 26 Aug 2014 by Troutman Sanders

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to lexis.com subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the... Read More

“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”
Posted on 31 Jul 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events... Read More

Interesting Case In The “What’s An Accident?” Category
Posted on 2 Mar 2015 by Randy J. Maniloff

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are... Read More

Coverage College Flunkie: Me
Posted on 25 Oct 2010 by Randy J. Maniloff

Last Second Decisions Change the Score for Duty to Defend and the "Occurrence" Issue By Randy Maniloff, Partner, White and Williams LLP On September 30 I stood at the podium at the White and Williams Coverage College [where, by the way... Read More

I See Dead People Causing Coverage Disputes
Posted on 12 May 2014 by Randy J. Maniloff

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go... Read More