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Lincoln National v. Snyder: Another STOLI Case, Another Carrier Victory

By Stephan Leimberg and Howard Zaritsky "Investors who are interested in STOLI arrangements should consider that the insurers are litigating all of these cases that they discover, and that they are investigating policy claims carefully to discover STOLI arrangements. Furthermore, the insurers...

Vespole on New Jersey Supreme Court Finding No Duty to Defend Even Though Negligence Was Alleged

By Mark R. Vespole, Partner, Tressler LLP Going back more than one-half century, it has been the law in New Jersey that the duty to defend is broader than the duty to pay. See Burd v. Sussex Mutual Ins. Co., 56 N.J. 383 (1970) ; Ohio Cas. Ins. Co. v. Flanagin, 44 N.J. 504 (1965) ; Danek v. Hommer...

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery and crematory were not entitled to insurance...

Vandeventer Black LLP: Important Changes for Indemnity and Duty to Defend in California

Authored by attorney David V. Rose Recent changes in California law carry important consequences for insurers of construction managers, general contractors, and subcontractors. These changes, codified in section 2782.05 of the Civil Code [ version available to lexis.com subscribers ], provide additional...

District Court Holds that an Insurer’s Claim for Equitable Subrogation Against an Insured’s Co-Defendant Failed Because the Insurer Did Not Claim the Co-Defendant Caused the Underlying Damage at Issue

Guidry v. U.S. Department of the Interior , 2014 U.S. Dist. LEXIS 24787 (N.D. Cal. Feb. 25, 2014), [ enhanced version available to lexis.com subscribers ]. In Guidry , the district court held that, in an action where an underlying co-defendant (the “conservancy”) breached a contract by...