LexisNexis® Legal Newsroom
Reed Smith LLP on the “Four Corners” Rule and the Duty to Pay Defense Costs – A Potent Tool for Policyholders Under D&O Insurance Policies

By John B. Berringer and Jill N. Averett, Reed Smith LLP Officers, directors and their corporations routinely are denied the full benefits of the D&O Insurance Policies they purchased at great cost when lawsuits naming them as defendants include allegations of intentional wrongdoing which arguably...

The Truth About “Tendering” a Claim

By John Green, Partner, Farella Braun + Martel LLP Policyholders and insurers frequently speak of "tendering" a claim. Insurers in particular speak as if "tendering a claim" is some sort of magical incantation that must be stated in exactly the right words in order to be effective...

Rick Bortnick of Cozen O’Connor on Cyber Risk, Privacy Breaches and Triggers of General Liability Insurance

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 privacy breaches do not trigger general liability...

Calculating the Amount of Property Insurance Coverage – New Appleman on Insurance Law Library Edition, Chapter 47

By Richard J. Cohen, Daniel W. Gerber, and Michael T. Glascott, Partners, Goldberg Segalla LLP Section 47.01[1] discusses the fact that policies that insure tangible property require direct physical loss or damage to the covered property during the policy period. This section explains that there...

Duties of the Cedent – New Appleman on Insurance Law Library Edition, Chapter 73

By Robert Tomilson, Benjamin Blume, and Daisy Khambatta, Members, Cozen O'Connor It might be said that while a reinsurer has only one duty, to pay covered claims, a cedent's duties are manifold. The cedent, usually without the consent or participation of the reinsurer, underwrites the risk...

Keller and Heckman LLP – Product Contamination Insurance: South Dakota District Court Finds Ambiguity in Policy's "May Likely" Language

Hot Stuff Foods v. Houston Casualty Co., 2012 U.S. Dist. LEXIS 92900 (D.S.D. July 5, 2012) , a recent decision out of federal court in South Dakota, highlights the importance of the "trigger" language in these types of product recall policies. At issue in the case was how to interpret the policy's...

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...

Keller and Heckman LLP – California Federal District Court Opinion Clarifies Scope of Coverage of Product Contamination Insurance Policies

In Ruiz Food Products Inc. v. Catlin Underwriting U.S. Inc. , No. 11-889, 2012 U.S. Dist. LEXIS 131031 (E.D. Cal, Sept. 13, 2012.) , the U.S. District Court for the Eastern District of California opined that Product Contamination Insurance (PCI) policies do not limit coverage to manufacturing occurring...

Zurich v. Raymark Still Alive & Well In Illinois — Whiskers & All

by Angela Elbert On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240 [ enhanced version available to lexis.com subscribers ], reaffirmed the continuing viability of the Illinois Supreme Court's decision more than 25 years ago in the...

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Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling

The Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case, 1. Any policy in which asbestos exposure, sickness, or disease occurred during the policy period is triggered; and 2. All triggered policies are...

Government Investigations Can Constitute Covered “Claims”—and Require Notice—Under Liability Insurance Policies

By Michael T. Sharkey This commentary examines recent court decisions around the country that have held that subpoenas and other forms of government investigations are “claims” triggering coverage under various types of liability insurance policies. Decisions upholding the broad definition...

State Net Capitol Journal – November 23, 2015; Trouble with Tax Cut ‘Triggers”

Budget & Taxes Trouble With Tax Cut ‘Triggers” In January, nearly every Oklahoma taxpayer earning more than $9,000 a year will receive a break on their state income taxes, thanks to a tax cut “trigger” the state instituted two years ago. Unfortunately, due largely to...