Insurance Law

Recent Posts

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]
Posted on 7 Apr 2015 by Randy J. Maniloff

I have said this so, so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims... Read More

To Whom To Send Your Reservation Of Rights Letter
Posted on 16 Jun 2015 by Randy J. Maniloff

Sometimes the question is asked whether a reservation of rights letter should be sent to defense counsel. That’s one about which there are differences of opinion. That’s not what this article is about. It is about a more fundamental question... 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

Ten Most Significant Insurance Coverage Decisions Of 2014 – The Loudest Case Yet To Conclude That A Reservation Of Rights Letter Was Ineffective For Lack Of An Adequate Explanation
Posted on 22 Dec 2014 by Randy J. Maniloff

In Advantage Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., -- S.W.3d – , 2014 Mo. App. LEXIS 975 (Mo. Ct. App. 2014), [ enhanced version available to lexis.com subscribers ], Mid-Continent’s insured, Advantage Builders, was... Read More

Dentons on Consequences of Inadequate Reservation of Rights
Posted on 15 Dec 2014 by William T. Barker

By William T. Barker, Partner, Dentons US LLP In Advantage Buildings & Exteriors, Inc. v. Mid-Continent Casualty Co., 2014 Mo. App. LEXIS 975 (Sept. 2, 2014), the court recognized that there was no coverage, but still held the insurer liable... Read More

More On The Duty To Defend -- And When It Might Never End
Posted on 3 Feb 2015 by Randy J. Maniloff

Whether an insurer’s duty to defend attaches arises in every liability claim. In the November 5, 2014 issue of Coverage Opinions I addressed the less-frequent issue -- when an insurer’s duty to defend un-attaches. The rule in the great... Read More

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged
Posted on 24 Sep 2015 by Erica Villanueva

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In that case, the California Court of Appeal... Read More

Another Ineffective Reservation Of Rights Case
Posted on 28 Oct 2014 by Randy J. Maniloff

After two years of writing Coverage Opinions I know when a case resonates with readers. A case in the last issue of CO resonated. Really resonated. The case was Advantage Builders & Exteriors v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App... Read More

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege
Posted on 7 Jul 2015 by Erica Villanueva

By Erica Villanueva Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [ enhanced version available to lexis.com subscribers ], a case considering whether... Read More

Court Allows Insurer to Settle and Then Seek Recovery of Uncovered Damages
Posted on 23 Apr 2015 by Randy J. Maniloff

It is one of the toughest issues of them all for insurers. The insurer is defending its insured under a reservation of rights. There are strong coverage defenses. The underlying case is getting close to trial. There is a demand to settle within limits... Read More

Insured Entitled To Independent Counsel Even When Being Defended WITHOUT A Reservation Of Rights (Court Rejects ALI Draft Principle)
Posted on 20 May 2014 by Randy J. Maniloff

When it comes to an insured’s right to retain independent counsel, when being defended by its insurer under a reservation of rights, there are some general rules of the road. In a few states a defense provided under a reservation of rights automatically... Read More