LexisNexis® Legal Newsroom
New Appleman on Insurance Law Library Edition Cited by Missouri Supreme Court

The Missouri Supreme Court cited the chapter written by Douglas Richmond on agent and broker liability in the New Appleman on Insurance Law Library Edition several times in Emerson Electric Co. v. Marsh & McLennan Cos., 362 S.W.3d 7 (Mo. 2012) , a closely watched case in the brokerage community....

PMA v. Aetna: Straight From The Horse’s Mouth: PMA’s Lawyer Still At It Nearly 60 Years Later

As mentioned in the July 23rd issue of Coverage Opinions , the Pennsylvania Supreme Court’s 1967 decision in PMA v. Aetna, [ enhanced version available to lexis.com subscribers ], has long-been a controversial one. The decision holds that the Employer’s Liability exclusion (even when it says...

Ewing’s Undoing’s Ungluing: Appeals Court Follows Ewing And Holds That Contractual Liability Exclusion Precludes Coverage For Construction Defect Claim

In January, the Supreme Court of Texas, in easily one of the most important coverage cases of 2014, held in Ewing Construction Co. v. Amerisure Insurance Co., [ enhanced version available to lexis.com subscribers ], that the “contractual liability” exclusion, contained in a CGL policy, did...

Underinsured Motorist Not Effected by Governmental Liability Cap – Underinsured Motorist Coverage Is to Assure Insurance Coverage

This case arises from a collision between a vehicle driven by Barry Hunt and a snow plow owned by Dane County. Wisconsin and operated by a county employee. Barry Hunt and his wife, Ashley Hunt, had a motor vehicle liability policy with State Farm Mutual Insurance Co. at the time of the collision. The...

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

By Mary McCutcheon No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss, or to provide coverage over multiple policy years. They...

How To Maintain A 'Sterling' Reputation With Your Clients: What You Need To Know About CGL Coverage For Unauthorized Recording Claims

By Colin B. Willmott and Jonathan L. Schwartz One of the most remarkable and memorable scandals of 2014 involved Donald Sterling, the longtime owner of the Los Angeles Clippers, who received a lifetime ban from the National Basketball Association. What triggered this scandal? A bigotry-laced audio...

Insurance Broker Was Not Liable for Failing to Timely Tender an Insured’s Claim Because the Policy Would Not Have Covered the Claim Even if it Were Timely Tendered

Ecolite Concrete USA, Inc. v. G.S. Levine Ins. Services, Inc ., 2014 Cal. App. Unpub. LEXIS 9271 (Cal. App. Dec. 31, 2014), [ enhanced version available to lexis.com subscribers ]. In Ecolite Concrete , the California Court of Appeal affirmed the trial court’s ruling that an insurance broker...

Pennsylvania Court Holds Disputed Allegations In Complaint Do Not Negate Duty to Defend

In its recent decision in Navigators Ins. Co. v. Amsterdam , 2015 U.S. Dist. LEXIS 64385 (E.D. Pa. May 18, 2015), [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of Pennsylvania had occasion to consider whether an insurer can rely on...

Did This Supreme Court Just Change The Bad Faith Landscape? Is The Decision Poised To Have A National Impact?

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case is coming down to the end and trial is on the horizon...

Update: ALI’s Restatement Of The Law Of Liability Insurance

It has now been nine months since the American Law Institute did a switcheroo and converted its Principles of the Law of Liability Insurance to the Restatement of the Law of Liability Insurance. Just a one word change – but an impact that speaks volumes. So what’s been happening with the...

The Myth of Bellefonte No More

By Syed S. Ahmad and Patrick M. McDermott I. Introduction For years, reinsurers have attempted to use the Bellefonte case to cap their liability. Bellefonte has thus served as a thorn in cedents' sides for some time. However, recent court decisions poke holes in the reinsurers' defense...

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not the defendant, will be responsible for paying the...

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California, pre-loss assignments without the insurer's...

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without...

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing back to 1872, [subscribers can access an enhanced...