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Pennsylvania court affirms liquidator’s decision that a claim arising from a reinsurance policy is entitled to a lower payment priority

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • September 29 2014

A Pennsylvania appellate court has affirmed the liquidator's determination that a group excess insurance policy issued by Reliance is a reinsurance

D&Os entitled to unfettered access to bankrupt company’s policy proceeds to fund defense costs

  • Manatt Phelps & Phillips LLP
  • -
  • USA
  • -
  • September 25 2014

In an important victory for directors and officers of a bankrupt company, a New York court removed a cap that had previously limited the amount of

“Blinded by the light of god and truth and right”: constitutional arguments carry the day against zealous insurance receiver

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • September 3 2014

Insurance receivers have the unenviable job of liquidating failed insurance companies: collecting the insolvent insurers' assets and paying claims

Mind your Ds and Os: policy language proves determinative in director and officer insurance coverage

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 15 2014

A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance

Fifth Circuit holding breathes life back into the contractual liability exclusion

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • August 14 2014

Liability insurance policies typically exclude coverage for obligations arising out of the insured's "assumption of liability in a contract or

Pass the buck: Fourth Circuit preserves the mere conduit defense

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 12 2014

Banks, insurance brokers, and other agents can breathe a sigh of relief as the Fourth Circuit enabled the “mere conduit” defense to survive another

Insolvency of underlying insurer does not trigger next coverage layer

  • Manatt Phelps & Phillips LLP
  • -
  • USA
  • -
  • July 16 2014

A Pennsylvania trial court judge decided that the insolvency of an underlying excess insurer did not trigger coverage from an insurer providing a

Title insurance: may not solve as many problems as you might expect

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • July 8 2014

In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party complaint against its title

Northern District of Alabama: no bad faith where insured made misrepresentations in court filings and insurer reasonably relied on advice of counsel in denying coverage

  • Saul Ewing LLP
  • -
  • USA
  • -
  • July 7 2014

On March 28, 2011, Sherry Malone's house suffered fired damage. Malone made a claim for the damage under her Allstate homeowner's policy. Despite

Excess insurer lacked standing to object in policyholder’s bankruptcy case

  • Manatt Phelps & Phillips LLP
  • -
  • USA
  • -
  • May 21 2014

The Seventh U.S. Circuit Court of Appeals recently determined that an excess insurer of a bankrupt asbestos manufacturer lacked standing in