Browse By Tags

By Ronald D. Kent, Partner, SNR Denton In Hoover v. Maxum Indemnity Co., the Georgia Supreme Court held that a liability insurance coverage disclaimer could not reserve a right to assert additional grounds later. If taken literally, this apparently...

By Douglas R. Richmond, Senior Vice President, Aon Risk Services Businesses and individuals seeking liability protection have varying insurance coverage needs. One concern is the amount of coverage required to shield against potential losses. Some...

The following ten cases were selected by White & Williams LLP partners Randy J. Maniloff and Joshua A. Mooney for analysis in their annual article Endurance Coverage 2010: The Year’s Ten Most Significant Insurance Decisions Reaches the Decade...

Eastern District Recognizes Insurer’s Right of Reimbursement of Settlement Payments By Randy Maniloff, Partner, White and Williams LLP We’ve all been there. An insurer is defending its insured in an action under a reservation of rights...

By Erica Villanueva “The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business...

On July 21, 2015, the Pennsylvania Supreme Court in The Babcock & Wilcox Company v. American Nuclear Insurers , No. 2 WAP 2014, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], adopted a variation of the test...

In the August 26th issue of Coverage Opinions I wrote that, despite the fact that the insurer in The Babcock & Wilcox Company v. American Nuclear Insurers (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com...

In American and Foreign Insurance Co. v. Jerry’s Sport Center, Inc. , No. 88 MAP 2008, 2010 Pa. LEXIS 1803 (Pa. Aug. 17, 2010), the Supreme Court of Pennsylvania refuted the reasoning under which some courts have allowed insurers to seek reimbursement...

By William T. Barker, Partner, SNR Denton In Richards v. Sequoia Insurance Co. ,[1] insured attorneys, who were instructed to arrange for their own defense pending Sequoia's coverage decision, retained counsel on the basis that the insureds would...

It is an issue that has confronted us all and one with no easy answers. An insurer determines that, on account of a defense being provided under a reservation of rights, the insured is entitled to independent counsel, to be paid for by the insurer (or...

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding...

By Michael R. Kelley Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers , 2015 Pa. Lexis 1551 (July 21, 2015), [subscribers can access an enhanced...

Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American...

In its recent decision in Federal Ins. Co. v. Singing River Health System , 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District...

By William T. Barker, Partner, SNR Denton Older Texas cases had indicated that, whenever a liability insurer offered a defense under reservation of rights, the insured was entitled to demand defense by independent counsel, at the insurer's expense...