Insurance Law

Recent Posts

Very Significant Duty To Defend Case: If You Read Only One Article In This Issue Of Coverage Opinions….
Posted on 9 Nov 2015 by Randy J. Maniloff

If you read only one article in this issue of Coverage Opinions, make it the one about my webinar – “The Definitive Reservation of Rights Checklist: 50 Things That Every ROR Needs.” If you read two, make this one the other. There... Read More

Insurance Broker Was Not Liable for Failing to Timely Tender an Insured’s Claim Because the Policy Would Not Have Covered the Claim Even if it Were Timely Tendered
Posted on 21 May 2015 by Troutman Sanders

Ecolite Concrete USA, Inc. v. G.S. Levine Ins. Services, Inc ., 2014 Cal. App. Unpub. LEXIS 9271 (Cal. App. Dec. 31, 2014), [ enhanced version available to subscribers ]. In Ecolite Concrete , the California Court of Appeal affirmed the trial... Read More

Claimant’s Assignee Unable to Pursue Breach of Contract Claim against Carrier Because the Claimant Did Not Assert His Claim during the Policy Period
Posted on 10 Dec 2015 by Troutman Sanders

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make... Read More

Broker May Be on the Hook for Insured’s Failure to Provide Timely Notice Of a $5M Claim
Posted on 30 Oct 2014 by Randy J. Maniloff

When an insured is denied coverage for a claim it is not unusual for someone to suggest that the fault lies with the insured’s broker for its failure to have obtained it. [On one hand, broker liability cases are not true coverage cases. On the... Read More

New York Court Holds Disclaimer Letter Untimely
Posted on 4 Nov 2015 by Brian Margolies

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co ., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1 st Dep’t Oct. 8, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the... Read More

Oops, Insurer’s Poorly Drafted Language Applied As Written; Double Oops, Insured Can’t Complain When New York Law is Applied After It Chose to Reject Missouri Tax
Posted on 19 Aug 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The... Read More