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Sherilyn Pastor
McCarter & English LLP on Viking Pump, Inc. v. Century Indemnity Company

A recent Delaware Chancery Court ruling in Viking Pump, Inc. v. Century Indemnity Company addressed two issues of significant under New York law: allocation of insurance losses and assignment of insurance rights. As to the former, the Court upheld a policyholder’s...

Charles Allen Yuen and Jessica S. Berk
McCarter & English LLP on Fasso v. Doerr, Did The New York Court Of Appeals Clarify -- Or Confuse -- Equitable Subrogation Principles And Procedures?

Although the general concepts underlying equitable subrogation and its limitations are simple, New York courts often disagree in subrogation cases on how to reconcile the specific competing equitable rights and obligations. The 2009 decision of the New...

Tags: Recoupmemt
Mark S. Hersh and Roxanne Garibay
Reed Smith on Contra Proferentem and the Not So "Hapless" Sophisticated Insured: An Analysis of Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company

Under the doctrine of contra proferentem, insurance policy ambiguities are construed against the insurer, in favor of coverage. In Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company , the Seventh Circuit, in interpreting Illinois...

Daniel W. Gerber and Sarah J. Delaney
CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 14, 2010

Focus Case: Exclusions Submitted by: Paul C. Steck Builders Mut. Ins. Co. v. Kalman d/b/a Kalman Constr. Corp. 2009 U.S. Dist. LEXIS 114363 [ lexis.com ] (D.S.C., December 8, 2009) District of South Carolina First Court to Analyze CG 22 94 10...

John B. Mumford Jr. and Kathryn E. Kransdorf
CACI Int’l, Inc. v. St. Paul Fire & Marine Insurance Company ─ Courts Continue to Struggle with the Boundaries of the Eight Corners Rule

In their article appearing in the November/December 2009 issue of Coverage , “ CACI Int’l, Inc. v. St. Paul Fire & Marine Insurance Company ─ Courts Continue to Struggle with the Boundaries of the Eight Corners Rule,” John Mumford...

Seth Friedeman
Insurance 101 ─ Insights for Young Lawyers - Assessing Coverage Issues under Additional Insured Endorsements

In his article appearing in the November/December 2009 issue of Coverage , “ Insurance 101 ─ Insights for Young Lawyers : Assessing Coverage Issues under Additional Insured Endorsements,” Seth Friedman observes that while additional insured...