By Jennifer Black Strutt, Associate, McCarter & English, LLP Federal-Mogul Global, Inc., one of the world's largest manufacturers of automobile parts, and its affiliates filed for Chapter 11 bankruptcy, seeking to resolve asbestos-related... Read More
By Cynthia Morrison, Associate, McCarter & English, LLP "Reinsurance, as a specialized industry, utilizes unique terms that are often the subject of disputes between the reinsurer and reinsured. One unique term is the 'follow the fortunes'... Read More
By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English... Read More
By Craig W. Davis and Nicholas M. Insua, Attorneys, McCarter & English, LLP A recent decision by New Jersey's Appellate Division questions the continued viability of prior New Jersey decisional law regarding whether property damage caused... Read More
By Adam J. Budesheim, Associate, McCarter & English, LLP In Penn National Insurance Co. v. Group C Communications, Inc. , A-2813-09T3, 2011 N.J. Super. Unpub. LEXIS 2077 (App. Div. Aug. 1, 2011), the first decision (albeit, unreported) from a... Read More
By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP The New Jersey Appellate Division's recent decision in Penn National Company v. Group C Communications may help policyholders secure coverage for Advertising Injury... Read More
By J. Wylie Donald, David C. Kane, and Lauren E. Ciancia, McCarter & English, LLP The recent decision in AES Corp. v. Steadfast Insurance Co., in which the Supreme Court of Virginia found no "occurrence" in an underlying suit that alleged... Read More
By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability... Read More
By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies... Read More
By Mark D. Villanueva, Associate, McCarter & English, LLP The Fifth Circuit Court of Appeals in Berk-Cohen Assocs. v. Landmark Am. Ins. Co. , 2011 U.S. App. LEXIS 14911 (5th Cir. July 20, 2011) recently considered whether an insured may recover... Read More
By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy... Read More
By Lauren E. Ciancia, Associate, McCarter & English, LLP In Vigilant Insurance Co. v. Sibbio, 2012 N.Y. Misc. Lexis 4868 (N.Y. Sup. Ct. Oct. 9, 2012) , the New York Supreme Court held an insurance company has a duty to defend its policyholder... Read More
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... Read More
By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have... Read More
By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures... Read More