Insurance Law

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Keller and Heckman LLP – Product Contamination Insurance: South Dakota District Court Finds Ambiguity in Policy's "May Likely" Language
Posted on 21 Aug 2012 by Keller and Heckman LLP

Hot Stuff Foods v. Houston Casualty Co., 2012 U.S. Dist. LEXIS 92900 (D.S.D. July 5, 2012) , a recent decision out of federal court in South Dakota, highlights the importance of the "trigger" language in these types of product recall policies... Read More

Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling
Posted on 5 Dec 2013 by Seth Lamden

The Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case, 1. Any policy in which asbestos exposure, sickness, or disease occurred during the policy period... Read More

Government Investigations Can Constitute Covered “Claims”—and Require Notice—Under Liability Insurance Policies
Posted on 4 Feb 2014 by Perkins Coie

By Michael T. Sharkey This commentary examines recent court decisions around the country that have held that subpoenas and other forms of government investigations are “claims” triggering coverage under various types of liability insurance... Read More

Keller and Heckman LLP – California Federal District Court Opinion Clarifies Scope of Coverage of Product Contamination Insurance Policies
Posted on 31 Oct 2012 by Keller and Heckman LLP

In Ruiz Food Products Inc. v. Catlin Underwriting U.S. Inc. , No. 11-889, 2012 U.S. Dist. LEXIS 131031 (E.D. Cal, Sept. 13, 2012.) , the U.S. District Court for the Eastern District of California opined that Product Contamination Insurance (PCI) policies... Read More

Vespole on New Jersey Supreme Court Finding No Duty to Defend Even Though Negligence Was Alleged
Posted on 23 Aug 2012 by Mark Vespole

By Mark R. Vespole, Partner, Tressler LLP Going back more than one-half century, it has been the law in New Jersey that the duty to defend is broader than the duty to pay. See Burd v. Sussex Mutual Ins. Co., 56 N.J. 383 (1970) ; Ohio Cas. Ins. Co... Read More

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.
Posted on 30 Aug 2012 by Cynthia S. Betz

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery... Read More

Duties of the Cedent – New Appleman on Insurance Law Library Edition, Chapter 73
Posted on 9 Aug 2012 by LexisNexis Insurance Law Newsroom Staff

By Robert Tomilson, Benjamin Blume, and Daisy Khambatta, Members, Cozen O'Connor It might be said that while a reinsurer has only one duty, to pay covered claims, a cedent's duties are manifold. The cedent, usually without the consent or participation... Read More

Calculating the Amount of Property Insurance Coverage – New Appleman on Insurance Law Library Edition, Chapter 47
Posted on 25 Aug 2011 by Goldberg, Segalla LLP

By Richard J. Cohen, Daniel W. Gerber, and Michael T. Glascott, Partners, Goldberg Segalla LLP Section 47.01[1] discusses the fact that policies that insure tangible property require direct physical loss or damage to the covered property during the... Read More

Duties of the Cedent – New Appleman on Insurance Law Library Edition, Chapter 73
Posted on 9 Aug 2012 by LexisNexis Insurance Law Newsroom Staff

By Robert Tomilson, Benjamin Blume, and Daisy Khambatta, Members, Cozen O'Connor It might be said that while a reinsurer has only one duty, to pay covered claims, a cedent's duties are manifold. The cedent, usually without the consent or... Read More

Calculating the Amount of Property Insurance Coverage – New Appleman on Insurance Law Library Edition, Chapter 47
Posted on 25 Aug 2011 by Goldberg, Segalla LLP

By Richard J. Cohen, Daniel W. Gerber, and Michael T. Glascott, Partners, Goldberg Segalla LLP Section 47.01[1] discusses the fact that policies that insure tangible property require direct physical loss or damage to the covered property during... Read More

The Truth About “Tendering” a Claim
Posted on 12 May 2010 by John Green

By John Green, Partner, Farella Braun + Martel LLP Policyholders and insurers frequently speak of "tendering" a claim. Insurers in particular speak as if "tendering a claim" is some sort of magical incantation that must be stated... Read More

Keller and Heckman LLP – Product Contamination Insurance: South Dakota District Court Finds Ambiguity in Policy's "May Likely" Language
Posted on 21 Aug 2012 by Keller and Heckman LLP

Hot Stuff Foods v. Houston Casualty Co., 2012 U.S. Dist. LEXIS 92900 (D.S.D. July 5, 2012) , a recent decision out of federal court in South Dakota, highlights the importance of the "trigger" language in these types of product recall policies... Read More

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.
Posted on 30 Aug 2012 by Cynthia S. Betz

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery... Read More

Reed Smith LLP on the “Four Corners” Rule and the Duty to Pay Defense Costs – A Potent Tool for Policyholders Under D&O Insurance Policies
Posted on 14 Apr 2010 by John B. Berringer and Jill N. Averett

By John B. Berringer and Jill N. Averett, Reed Smith LLP Officers, directors and their corporations routinely are denied the full benefits of the D&O Insurance Policies they purchased at great cost when lawsuits naming them as defendants include... Read More