Insurance Law

Recent Posts

High Court Hands Excess Insurers A Big Bad Faith Stick Against Primaries
Posted on 26 Jan 2015 by Randy J. Maniloff

There is nothing out of the ordinary about suits by excess insurers, against an underlying primary insurer, alleging that the primary had an opportunity to settle a claim within its limit, did not do so, and, as a consequence, there was later a verdict... 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

5th Circuit Addresses Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Nov 2014 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes RSUI Indem. Co. v. American States Ins. Co., No. 14–30033 (5th Cir. Sept. 25, 2014), [ enhanced version available to lexis.com subscribers ], (addressing Louisiana law) (“We... Read More

Court Declares Excess Policy Triggered Based On Insured’s Own Funding To Establish Exhaustion Of Primary
Posted on 29 Sep 2014 by Randy J. Maniloff

I rarely address primary--excess exhaustion cases in CO . They are often too policy language specific to offer any takeaways of substance. But I address Plantation Pipe Line Company v. Highlands Ins. Co., No. 12-29 (Tex. Ct. App. Aug. 29, 2014) here,... Read More

Federal Court Answers The Question : “What Is A ‘Commercial General Liability Insurance’ Policy?”
Posted on 29 May 2014 by Randy J. Maniloff

The issue before the Southern District of Texas in Pac-Van, Inc. v. CHS, Inc., No. 12-341 (S.D. Tex. Mar. 31, 2014) [ enhanced version available to lexis.com subscribers ] -- just what is a commercial general liability insurance policy anyway -- isn’t... Read More