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Insurance coverage disputes can be resolved by the seeking a court’s order in a declaratory relief action. Both state and federal courts have procedures available for resolving such disputes. However, to provide a useful declaration it is necessary...

Tapas: Small Dishes of Insurance Coverage News & Notes The Open Mic column in the last issue of CO – July 15th -- was titled “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders.” It addressed an Oregon...

Not a day goes by it seems without news of a cyber attack resulting in the release of 4 trillion people’s personal information. It has gotten to the point where one’s identity could seemingly be stolen several times a month. Perhaps the solution...

Employers Ins. Co. of Wausau v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 115747 (C.D. Cal. Aug. 19, 2014), [ enhanced version available to lexis.com subscribers ] In Employers , the Central District of California found that a CGL Policy was excess...

Richard J. Bortnick is a member in the West Conshohocken, Pa., office of Cozen O’Connor, where he serves as chair of the firm’s Professional Liability Practice Area within the Global Insurance Group. In this clip he makes the argument that...

By Anne Matthews, Associate, McCarter & English, LLP Robert Mericle and Mericle Construction Company (collectively, "Mericle") along with Robert Powell and Mid-Atlantic Youth Services Corporation (collectively, "MAYS") were...

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015...

Several solar panel manufacturers and their distributors have been sued in class actions alleging that certain models of panels are defective and need to be replaced. Class actions can be very expensive to defend, and the ultimate liability can also be...

By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments...

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...

By David A. Gauntlett, Principal, Gauntlett & Associates A limited number of insurers have historically offered insurance coverage for intellectual property claims, initially focused on reimbursement of litigation expenses in the pursuit of patent...

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement...

Lexis Nexis now sells: General Liability Insurance Coverage: Key Issues in Every State General Liability Insurance Coverage: Key Issues in Every State by Randy Maniloff & Jeffrey Stempel is designed to give the stakeholders in the claims process...

By William G. Beck, Ian Hale, Sarah E. Millin and Jennifer M. McAdam, Attorneys, Lathrop & Gage LLP Insurance law as it relates to most areas of law enforcement liability is developed enough to understand the risks that are covered under any given...

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement...