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White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been filed that allege product liability claims against...

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been filed that allege product liability claims against...

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A of a standard commercial general liability (“CGL”...

AIG Pays $23M In Gulf Oil Spill Claims; Total May Rise

NEW YORK - (AP) Taxpayers took another hit, this one indirect, from the oil spill caused by the Deepwater Horizon rig explosion through insurance claims related to the disaster. AIG, the insurance giant that is 80 percent owned by the government, said it paid approximately $23 million in claims following...

Environmental Insurance – New Appleman on Insurance Law Library Edition, Chapter 27

By Robyn L. Anderson, Kimberly K. Winter, Jessica E. Merrigan, and Carly D. Duvall, Lathrop & Gage LLP With climate change, weather-related catastrophes, energy shortfalls, and a historically large oil spill in the Gulf of Mexico, it is no surprise that businesses and individuals are rapidly...

Blogs from the ILC Advisory Board: New Jersey Supreme Court Cites New Appleman on Insurance Law Library Edition on Duty to Defend for Claim of Emotional Distress

By Jeffery Thomas, Associate Dean for Academic Affairs and Professor of Law at the University of Missouri - Kansas City Just a few days ago, the New Jersey Supreme Court cited the New Appleman on Insurance Law Library Edition § 19.04 in Abouzaid v. Mansard Gardens Associates, 2011 N.J. LEXIS...

CGL Exclusion for Injuries to Children Ambiguous in Florida

By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter is required to use language that is "easy...

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...

CMS Will Phase In Implementation of MSP Reporting Requirements for Liability Claims

The CMS has issued policy memorandums stating it will phase in, and not delay, implementation of Medicare Secondary Payer reporting requirement for liability claims, but the insurance industry continues to have concerns about several reporting requirements. Read more from the American Insurance Association...

Marten Law on AES Corp. v. Steadfast Insurance Co. – Virginia Supreme Court Holds That Climate Change Allegations Do Not Trigger Insurer's Duty to Defend

By Steven Jones, Partner, Marten Law PLLC "In a case being closely watched by both insurers and insureds, the Virginia Supreme Court has held that an insurer's duty to defend is not triggered by allegations of damages flowing from intentional actions that the plaintiffs claim resulted in...

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there were more than 5.5 million police-reported motor...

Medical Payments Coverage – New Appleman on Insurance Law Library Edition, Chapter 64

By Donald M. Carley, Associate General Counsel, State Farm Mutual Automobile Insurance Company Chapter 64 provides an overview of one of the most overlooked coverages in the personal automobile insurance contract - the medical payments coverage. The coverage was first introduced in the late 1930s...

Supreme Court of Virginia Once Again Holds That Climate Change Lawsuit Did Not Trigger Duty to Defend by Insurer

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...

Court Holds That “Medical Monitoring” Qualifies As “Bodily Injury”

The question whether so-called “medical monitoring” qualifies as “bodily injury,” for purposes of triggering coverage under a liability policy, is one that has long been asked. But despite the popularity of the question, there are very few cases, even nationally, that have answered...

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers also face enormous exposure for bodily injury...

The Goofiest Coverage Case I Have Ever Seen

Some coverage decisions, addressing certain issues, never cease to amaze me. In fact, the more I see them the more my amazement grows. Acuity v. Reed & Associates, No. 15-2149, 2015 U.S. Dist. LEXIS 109412 (W.D. Tenn. Aug. 19, 2015), [subscribers can access an enhanced version of this opinion: lexis...