Insurance Law

Recent Posts

Another Ineffective Reservation Of Rights Case
Posted on 28 Oct 2014 by Randy J. Maniloff

After two years of writing Coverage Opinions I know when a case resonates with readers. A case in the last issue of CO resonated. Really resonated. The case was Advantage Builders & Exteriors v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App... Read More

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege
Posted on 7 Jul 2015 by Erica Villanueva

By Erica Villanueva Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [ enhanced version available to lexis.com subscribers ], a case considering whether... Read More

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged
Posted on 24 Sep 2015 by Erica Villanueva

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In that case, the California Court of Appeal... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold,"... Read More

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit
Posted on 25 Aug 2015 by Barry Zalma

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015... Read More

Perkins Coie LLP on It Is Time for Insurers to Get Off the Fence: New York Courts Reject Blanket Reservations
Posted on 3 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Vivek Chopra, partner, and Laura Basford, associate , Perkins Coie LLP This commentary discusses an apparent shift in New York law limiting the effectiveness of an insurance company's blanket reservation of rights letter when it is aware of a... Read More

The Right to Stack UM Coverage Can Be Waived
Posted on 27 Aug 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle... Read More

It is Important to Honor Substance Over Form
Posted on 30 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass... Read More

Utmost Good Faith – New Appleman on Insurance Law Library Edition, Chapter 76
Posted on 22 Aug 2012 by LexisNexis Insurance Law Newsroom Staff

By Barry Leigh Weissman, Partner, Edwards Wildman Palmer LLP, and Bella Shirin, Associate, SNR Denton US LLP Chapter 76 discusses the role of utmost good faith in reinsurance transactions and dispute resolution. Section 76.01 explains how... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold... Read More

Perkins Coie LLP on It Is Time for Insurers to Get Off the Fence: New York Courts Reject Blanket Reservations
Posted on 3 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Vivek Chopra, partner, and Laura Basford, associate , Perkins Coie LLP This commentary discusses an apparent shift in New York law limiting the effectiveness of an insurance company's blanket reservation of rights letter when it is aware of... Read More

It is Important to Honor Substance Over Form
Posted on 30 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass... Read More

SNR Denton on In re County of Erie: Second Circuit Adopts Narrow Rule on At-Issue Waiver of Attorney-Client Privilege
Posted on 20 Feb 2009 by William T. Barker and Ronald D. Kent

Attorney-client privilege plays a particularly important role in insurance bad faith cases. Those with bad faith claims against insurers commonly view the insurer’s communications with its lawyers and the lawyers’ work product as valuable... Read More

The Right to Stack UM Coverage Can Be Waived
Posted on 27 Aug 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle... Read More

Appleman on Insurance
Posted on 21 Jan 2011 by LexisNexis Insurance Law Newsroom Staff

Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties... Read More