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When did your company last review its insurance program?

USA - October 30 2013 Insurance Policyholder Partner Tonya G. Newman recently recorded a "Sound Advice" podcast for the American Bar Association's (ABA) Section of…

Court refuses insurer’s claim for attorneys’ fees – filed too late

USA - November 4 2012 In Evanston Ins. Co. v. MGA Entm't Inc., 2:12-cv-05654-DOC-RNB (C.D. Cal. Oct. 12, 2012), the Central District of California dismissed Evanston Insurance Company’s subrogation claim against Mattel in the long-running trade secrets dispute between Mattel and Evanston’s insured, MGA Entertainment Inc., concluding that because an insurer stands in the shoes of its insured with respect to subrogation, Evanston was bound by the 14-day time limit on seeking attorneys’ fees prescribed by Federal Rule of Civil Procedure 54(d)(2)(B).

California Supreme Court reaffirms “all sums with stacking” rule on long-tail injury claims

USA - August 23 2012 In a decision that likely will have significant ramifications for longtail coverage claims, the Supreme Court of California held in State of California v. Continental Insurance Co., S170506 that the continuous injury trigger and all sums rule applied to several insurance policies issued to the State of California between 1964 and 1976, and permitted the “stacking” of those policies.

Illinois appellate court holds damages under TCPA uninsurable as a matter of law

USA - May 9 2012 The Fourth District Appellate Court held that statutory damages for violation of the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.) are in the nature of punitive damages and are uninsurable under Illinois law and public policy.

Transporting patient covered under professional and auto liability policies

USA - March 13 2012 In National Casualty Co. v. Western World Ins. Co., No. 10-41012, 2012 U.S. App. LEXIS 2109 (5th Cir. Feb. 3, 2012), the Fifth Circuit held that National Casualty and Western World each owed a duty to defend and provided primary coverage for an underlying lawsuit alleging that an insured ambulance company and its emergency medical technicians were negligent in loading and transporting a patient to and from dialysis.