Insurance Law

Recent Posts

15 Minutes (Fifteen Seconds, Really) Could Have Saved The Gecko More Than 15% On Car Insurance
Posted on 26 Aug 2014 by Randy J. Maniloff

Coverage Opinions hardly ever addresses automobile or subrogation cases. Here I address both. But wait, stay with me. This is an interesting one. It also speaks to an overarching issue concerning how insurers treat policyholders in a certain claim setting... Read More

Goldberg Segalla’s Professional Liability Monthly – October, 2011
Posted on 17 Nov 2011 by Sharon Angelino, Brian Biggie and Richard Cohen

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal... Read More

SNR Denton on Lease Crutcher Lewis WA, LLC v. National Union Fire Insurance Co.: Failure To Honor the Made-Whole Rule Can Be Bad Faith
Posted on 23 Dec 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton An insurer normally has subrogation or reimbursement rights when the losses it has paid are recoverable from a third party, but typically these rights are qualified by a requirement that its insured must be... Read More

Supreme Court Declines to Hear Chubb's Appeal on CERCLA Subrogation Suit
Posted on 15 Jan 2014 by Anderson Kill

New York, NY (January 15, 2014) -- The U.S. Supreme Court declined on January 13 to review a Ninth Circuit opinion affirming the U.S. District Court for the Northern District of California’s dismissal of an insurance company’s subrogation... Read More

Washington Court of Appeals Clarifies an Insurer's Subrogation Rights
Posted on 9 Oct 2013 by Bullivant Houser Bailey PC

By Daniel R. Bentson , Jerret E. Sale The Washington Court of Appeals recently clarified that primary insurers cannot sue other primary insurers on equitable subrogation grounds to recover extra-contractual damages or reasonable attorney fees. Trinity... Read More

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
Posted on 5 Nov 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding... Read More

Subrogation is Only Either a Tort or Breach of Contract Action: Insurance Irrelevant to Subrogation Action
Posted on 2 Apr 2015 by Barry Zalma

Subrogation lawsuits seek recovery from a tortfeasor who caused damage to property, the risk of loss of which was insured, and allows the insurer to step into the shoes of its insured to recover from the tortfeasor what the insured could have recovered... Read More

District Court Holds that an Insurer’s Claim for Equitable Subrogation Against an Insured’s Co-Defendant Failed Because the Insurer Did Not Claim the Co-Defendant Caused the Underlying Damage at Issue
Posted on 27 Aug 2014 by Troutman Sanders

Guidry v. U.S. Department of the Interior , 2014 U.S. Dist. LEXIS 24787 (N.D. Cal. Feb. 25, 2014), [ enhanced version available to lexis.com subscribers ]. In Guidry , the district court held that, in an action where an underlying co-defendant (the... Read More

Homeowner’s Insurance – New Appleman on Insurance Law Library Edition, Chapter 53
Posted on 1 Dec 2012 by LexisNexis Insurance Law Newsroom Staff

By Joseph D. Jean and Gregory D. Miller Section 53.01 introduces homeowner's insurance generally and discusses the types, processes and coverages available in homeowner's policies. Section 53.01[1] discusses the general organization and... Read More

BUILDERS RISK INSURANCE - New Appleman on Insurance Law Library Edition, Chapter 50
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

By James P. Bobotek Chapter 50 provides an examination of builders risk insurance. A builders risk policy is a form of property insurance that covers the interest of owners, contractors, subcontractors, and others involved in a construction project... Read More

SUBROGATION - New Appleman on Insurance Law Library Edition, Chapter 49
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

By Joseph D. Jean, Rachel M. Wrightson, and Danielle C. Carmona This chapter discusses the contractual, equitable, and statutory subrogation rights that are available to insurers after they have paid a policyholder's claim for damages that were... Read More

Where Do We Stand On the Tenth Anniversary of the Medicare Secondary Payer Industry
Posted on 27 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say... Read More

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence
Posted on 11 Jan 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction work being performed by contractors on a building owned by VPP... Read More

The Problem of Mutual Benefit Insurance
Posted on 7 Jul 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant When a person leases a portion of a structure with multiple tenants it is usual for the landlord to promise to buy property insurance to protect the entire structure and make, as part of the rent charged, the... Read More

West Virginia Supreme Court Clarifies Application of Landlords’ Homeowner’s Insurance Policy to Tenant’s Insurable Interest
Posted on 24 Nov 2015 by Steptoe & Johnson PLLC

The West Virginia Supreme Court of Appeals (“WVSCA”) recently rejected a circuit court decision finding that a tenant is an “equitable insured” under his landlords’ homeowner’s policy, which had precluded the landlords’... Read More