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
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
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
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
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
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
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
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
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
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
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
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