Insurance Law

Recent Posts

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial
Posted on 1 Sep 2015 by Randy J. Maniloff

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not... Read More

Automobile Carrier Held not to Have Violated Its Duty to Settle Where it Offered Its Full Policy Limit in Settlement Less Than Three Weeks After Claim Was Submitted by the Attorney for the Claimant
Posted on 16 Jun 2015 by Troutman Sanders

Graciano v. Mercury General Corp., 231 Cal. App. 4th 414 (2014), [ enhanced version available to subscribers ]. In Graciano , the California Court of Appeal reversed a jury verdict finding the insured’s automobile carrier liable... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... Read More

Did This Supreme Court Just Change The Bad Faith Landscape? Is The Decision Poised To Have A National Impact?
Posted on 24 Jun 2015 by Randy J. Maniloff

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case... Read More

Federal Appeals Court Addresses Proof Of Lost Policies
Posted on 30 Jul 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes Back in the heyday of asbestos and environmental coverage litigation it was not uncommon to see decisions addressing whether alleged lost policies were sufficiently proven to possibly owe... Read More

Is That Covered? Lost Insurance Policy
Posted on 13 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley Many liability policies are triggered when an event giving rise to a covered claim occurs , rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage - the... Read More

The Selection Process: Ten Most Significant Coverage Decisions Of 2014
Posted on 8 Dec 2014 by Randy J. Maniloff

Welcome to the 14th annual look back at the year’s ten most significant insurance coverage decisions. As I always do at the outset, here is my description of the selection process (repeated from past years’ editions). The process is highly... Read More