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Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of...

There is nothing out of the ordinary about suits by excess insurers, against an underlying primary insurer, alleging that the primary had an opportunity to settle a claim within its limit, did not do so, and, as a consequence, there was later a verdict...

The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance...

By Matthew E. Hedberg Last month, the Oregon Court of Appeals issued another decision that rejects a rigid application of the four-corners rule to determining the duty to defend. Previously, in Fred Shearer & Sons, Inc. v. Gemini Ins. Co. ,...

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who...

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Sanderson v. American Family Insurance Co. [1] affirmed summary judgment for an insurer on bad faith, but asserted that the fact that the claim was “fairly debatable” was...

By Katherine Billingham Abstract Liquidation of an insurance company is the equivalent of a Chapter 7 bankruptcy and is the remedy of last resort for an insurer in financial difficulty. This chapter examines the timing, purpose and grounds for liquidation...

By James M. Lawniczak Abstract *** Chapter 110 covers insurance issues that often arise in federal bankruptcy cases. Due to their nature, certain types of insurance policies are implicated more often in bankruptcy proceedings than others....

By Bruce Baty and Jodi Adolf Abstract * * * Chapter 102 discusses the consequences of an insurer insolvency for the policyholders, agents, excess insurers and reinsurers of the insolvent insurer. The chapter begins in Section 102.01 with...

By Douglas Hertlein Abstract * * * Chapter 99 analyzes all forms of insurer receiverships. When a commissioner’s regulatory powers, including the power to issue supervision orders, prove to be insufficient to address financial or other...

By Patrick H. Cantilo, Mark F. Bennett, Arati Bhattacharya Abstract *** This chapter addresses the rehabilitation of insurers. In general, upon the advent of receivership proceedings (for purposes of this chapter, any proceeding through which...

By Susan N. K. Gummow Abstract *** Having reviewed the basic elements and concepts of bankruptcy law in Chapter 107 above, Chapter 108 focuses on how insurance functions as an asset of the debtor’s bankruptcy estate. Section 108.01...

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited...

Abstract *** Having considered the bankruptcy process generally in Chapter 107 and undertaken an inquiry into how insurance functions as an asset of the bankruptcy estate in Chapter 108 above, this chapter turns to the impact of bankruptcy on insurance...

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston...