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McCarter & English LLP on Limiting the "Absolute" Pollution Exclusion to "Traditional" Pollution

By Louis A. Chiafullo & David C. Kane, McCarter & English, LLP The scope of pollution exclusions has been in dispute for decades, centering first on the "sudden and accidental" pollution exclusion that appeared in the 1970s, and next on the so-called "absolute" pollution...

"Insurance Coverage for Intellectual Property and Cybersecurity Risks."

By Scott Godes, Counsel, Dickstein Shapiro LLP. Can you think of many, or, in fact, any, companies that are risk free when it comes to the areas of intellectual property or cybersecurity? If you represent companies with risks relating to intellectual property and cybersecurity, what insurance coverage...

Introduction to Liability Matters – New Appleman on Insurance Law Library Edition, Chapter 16

by Paul E.B. Glad, William T. Barker, Michael Barnes Chapter 16 provides an introduction to liability insurance issues generally (and Commercial General Liability ("CGL") insurance in particular). The chapter provides deeper coverage of issues that do not vary significantly among specific...

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...

Bad Faith in Liability Insurance - New Appleman on Insurance Law Library Edition, Chapter 23

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited amount creates a well-known conflict of interest...

New Appleman Law of Liability Insurance Released September 2010

The second edition of New Appleman Law of Liability Insurance was released in September. The Second Edition of New Appleman Law of Liability Insurance was reorganized to follow the work flow of insurance attorneys. The treatise starts with the general principles of liability insurance, the components...

New Appleman Premium Online Checklists - § 30.01 Checklist: Identifying Occurrences, Injuries, and Offenses Covered by Liability Insurance

New Appleman Premium Online Checklists - § 30.01 Checklist: Identifying Occurrences, Injuries, and Offenses Covered by Liability Insurance , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist provides step by step guidance to help practitioners...

Chinese Drywall Cases And Their Impact On Carriers In Settling Multiple Claims In Good Faith In Certain State Courts

By R. Steven Rawls and Ryan K. Hilton Mealey's Litigation Report: Insurance Bad Faith I. Introduction Many insurers that issued liability policies to homebuilders in the southeast United States are receiving an influx of Chinese-drywall claims. Between 2004 and 2007, an estimated 100,000 homes...

Liability-Insurance Companies - Settling Their Insureds Multiple Chinese-Drywall Claims In Good Faith In State Courts

By R. Steven Rawls and Ryan K. Hilton Mealey's Litigation Report: Insurance Bad Faith I. Introduction Many insurers that issued liability policies to homebuilders in the southeast United States are receiving an influx of Chinese-drywall claims. Between 2004 and 2007, an estimated 100,000 homes...

Chinese-Drywall Cases And Their Impact On Liability-Insurance Carriers In Settling Multiple Claims In Good Faith Against Their Insureds In Certain State Courts

By R. Steven Rawls and Ryan K. Hilton Originally published in Mealey's Litigation Report: Insurance Bad Faith I. Introduction Many insurers that issued liability policies to homebuilders in the southeast United States are receiving an influx of Chinese-drywall claims. Between 2004 and 2007, an...

Overview of New Appleman Insurance Law Practice Guide, Chapter 45: Understanding Cyber Insurance Liability Coverage

45.01 Scope. The computer and the internet have reshaped how we communicate, live and work. The internet’s ability to collapse time and distance at minimal costs has made it the preferred method of communication. New words, such as blog, Skype, IM, Facebook, and twitter, continually emerge to describe...

High Court Refuses To Review Ruling In Asbestos Coverage Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an insured seeking review of whether an insurer is collaterally estopped from enforcing an arbitration clause in a settlement agreement pertaining to asbestos-related injury claims ( George...

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...

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this decision would expose Georgia owners, prime contractors...

Court Rules That State Bar’s Professional Liability Fund Is NOT Subject to MMSEA Reporting

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In the case of Oregon State Bar Professional Liability Fund v. United States Department of Health and Human Services & Kathleen Sebelius , 2012 U.S. Dist. Lexis 43790 (D. Oregon, March 29, 2012) the court (Marco Antonio Hernandez,...

Michael Bell on Law Firm Insurers Target LPO

by Michael Bell The changing nature and role of third-party legal vendors has caused insurers to take a closer look at the vendors supporting their law firm clients. As insurers increasingly focus on the liability implications resulting from third-party legal vendors, firms should seek a proactive...

Ten Most Significant Insurance Coverage Decisions Of 2013 – American Law Institute Begins Adoption Of Its Principles Of Liability Insurance: Academic Mumbo Jumbo That You Don’t Need To Know About? Not So Fast.

On May 20, 2013, the American Law Institute adopted some of the initial sections of its Principles of Liability Insurance. I’ll be honest. When I first heard about the ALI’s Principles Project – essentially a rule book for liability coverage issues -- I did not pay much attention. It...

6th Annual “Coverage For Dummies”: Seeking Coverage For The Frailty And Imperfection Of The Human Brain

Liability insurance is, by definition, a product that provides financial protection for when things don’t turn out as planned. Most of the time when this occurs it’s simply a case of bad luck or because, well, stuff just happens. Or the outcome is one that nobody could have seen coming. ...

A-L-I Opener: More On Chapter 3 Of The ALI Principles

In the last issue of Coverage Opinions I took a brief look at what’s up next for the American Law Institute’s “Principles of the Law of Liability Insurance” Project: Chapter 3. In particular I discussed the Principles’s proposed definition of “accident.” It is...

California Workers' Comp Case Roundup (1/20/2017)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All...