Insurance Law

Recent Posts

Advertising Injury Coverage: Defense by Independent Counsel Dangerous
Posted on 13 Feb 2014 by Barry Zalma

In June 2006, Theodore W. Lay, d/b/a Ted Lay Real Estate Agency (Lay), faxed an advertisement in regard to the sale of a particular property to Locklear Electric, Inc. (Locklear), and others. Because the facsimile message (fax) recipients had not given... Read More

Perkins Coie LLP on Second Circuit Decision Not Precluding Excess Insurance When Settlement Is Below Policy Limits
Posted on 16 Jul 2013 by Perkins Coie

The commentary "Perkins Coie LLP on Second Circuit Requires Payment of Underlying Losses to Trigger Excess Coverage Based on Policy Provisions," by Les Brown and Norton Cutler, analyzes the much discussed recent decision of Ali v. Fed. Ins.... Read More

Oh Oh . . . Did I Really Just Waive My Coverage?
Posted on 12 Feb 2014 by Vandeventer Black LLP

Incidents are common place on construction sites. Unfortunately, sometimes things happen that damage the work or cause injury. Typically there is insurance coverage that covers these incidents, but a recent Federal Court decision highlights the pitfalls... 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

Below-Limits Settlements Do Not Result In The Loss Of Excess Coverage - Zeig Remains Guiding Precedent, Even Post-Ali
Posted on 23 Jul 2014 by Mealeys

By Adam G. Unikowsky, Attorney, Jenner & Block LLP Excess insurance policies typically include provisions stating that the policyholder cannot pursue coverage from the excess insurer until the policyholder has received payment from the underlying... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Texas Supreme Court: Insured’s Settlement Without Insurer’s Consent Covered Insured’s Texas 1-Step: Settle And Skip Insurer’s Consent
Posted on 15 Jan 2014 by Randy J. Maniloff

As a general rule, when an insured is tardy in providing notice of claim to an occurrence-based liability insurer, the insurer is not relieved of coverage, on such ground, unless it can demonstrate that it was prejudiced by such late notice. This is often... Read More

Insurer Between a Rock and a Hard Case: Limits Demand That Does Not Release All Insureds
Posted on 16 Nov 2015 by Randy J. Maniloff

It is the proverbial “damned if you do and damned if you don’t” situation for insurers. An insurer is presented with a policy limits demand to settle for one insured – and it should be accepted based on liability and damages considerations... Read More

Appeals Court: Primary Insurer Must Initiate Settlement Negotiations; Excess Insurer? -- No
Posted on 12 Nov 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

Neal, Gerber & Eisenberg LLP: Insurer’s Silence Does Not Evidence Consent For Purposes of Voluntary Payments Condition
Posted on 12 Mar 2013 by Neal Gerber Eisenberg

by Andrew May In West Bend Mutual Insurance Co. v. Arbor Homes LLC , No. 12-2274 (7th Cir. Jan 8, 2013), ( enhanced version of decision available ), the Seventh Circuit reaffirmed the critical importance of obtaining an insurer's consent... Read More

Settlements With Underlying Layers Satisfy Exhaustion Conditions in Excess Policies
Posted on 4 Dec 2013 by Perkins Coie

In his commentary, "Settlements With Underlying Layers Satisfy Exhaustion Conditions in Excess Policies," Michael T. Sharkey of Perkins Coie LLP analyzes the recent decision of Quellos Group LLC v. Federal Insurance Co. , No. 68478-7-1, 2013... Read More

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November
Posted on 18 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... Read More

Follow The Settlements And Ex Gratia Payments
Posted on 9 Mar 2011 by LexisNexis Insurance Law Newsroom Staff

Download " Follow The Settlements And Ex Gratia Payments" by Robert M. Hall . This article originally appeared in LexisNexis ® Mealey's ™ Litigation Report Reinsurance , Volume 21, Issue #19, February 4, 2011. Read More

Commercial Court Clarifies the Position on Follow Settlement Clauses for Retrocessionaires
Posted on 11 Dec 2013 by DLA Piper

On 6 November 2013, the Commercial Court handed down its judgment in Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm). Mr Justice Hamblen held that the defendant retrocessionaire had agreed to follow the insurer's... Read More

California Court Holds No Affirmative Duty to Settle Based Solely on the Likelihood of an Excess Judgment
Posted on 23 Oct 2013 by Troutman Sanders

By Ryan C. Tuley , William D. Burger, Jr. , and Christina Y. Ahn On October 7, 2013, the California Court of Appeal, in Reid v. Mercury Insurance Company [ enhanced version available to subscribers ], held that an insurer does not have... Read More