LexisNexis® Legal Newsroom
Pennsylvania Federal Court Gives Policyholders An Enhanced TSA Pat-Down

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 on account of a potential coverage defense. An...

Jungleland: New Jersey and the Duty to Defend

Big Man ‐ ifesto From The Supreme Court Applying A Broad Duty to Defend Randy J. Maniloff, White and Williams, LLP "There's an old joke - um... two elderly women are at a Catskill mountain resort, and one of 'em says, 'Boy, the food at this place is really terrible.' The...

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee , 84 N.J. 88 (1980) (an allegation of severe emotional...

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

McCarter and English on New York Courts Continue to Broaden Bad Faith and Extra-Contractual Remedies Against Insurance Companies

By Nicholas M. Insua and Craig W. Davis, Attorneys, McCarter & English, LLP The decision of the New York Supreme Court in Estee Lauder Inc. v. OneBeacon Insurance Group , No. 602379/05, 2012 N.Y. Misc. LEXIS 902, 2012 NY Slip Op 30474U (N.Y. Sup. Ct. Feb. 29, 2012), is another significant victory...

Underwriting Is a Risk Taking Exercise – Car Crusher Not a Trailer

An insurance company is entitled to determine for itself what risks it will accept, and therefore to know all the facts relative to the condition of the applicant’s property. It has the unquestioned right to select those whom it will insure and to rely upon him who would be insured for such information...

A-L-Hi To Coverage For Pre-Tender Defense Costs: ALI Principles Looking To Shift The Law

If you’ve been reading Coverage Opinions of late you’ve seen me take issue with certain aspects of the American Law Institute’s “Principles of the Law of Liability Insurance” Project. In general, my beef has been with certain proposed Principles that open the door to insureds...

Mississippi Court Holds Defense Costs Outside of Limits

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 Court for the Southern District of Mississippi issued...

Breach the Duty to Defend: Court Has Sobering Words for Insurers on the Rates to Be Paid to the Insured’s Counsel: “Reasonableness Inquiry Is Inappropriate”

The rates to be paid to the insured’s personal counsel is often-times an issue where there is not a lot of common ground between insurers and insureds. The issue arises in a few of different contexts: an insurer is obligated to defend an insured using independent counsel; an insurer is found to...

Continental Wins $2.4 Million Summary Judgment Ruling against Policyholder

The United States District Court for the Eastern District of Michigan recently granted Continental Casualty Company’s motion for summary judgment and entered judgment in the amount of $2,425,774.84 in favor of Continental against Indian Head Industries, Inc., [subscribers can access an enhanced...