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Failure to Comply With Protective Safeguards Endorsement Results in Loss of Coverage

USA - November 15 2017 A Protective Safeguards Endorsement (“PSE”), as defined by my friends at IRMI, is “a property insurance endorsement that makes it a condition of...


The Peril of Settling Without Insurer Consent

USA - November 10 2017 In an earlier blog post we discussed a Georgia case where settlement occurred without consent from the insured. In that case, the court held that...


Counterfactual Thought Experiments Do Not Establish Bad Faith in New York

USA - October 31 2017 The title above is taken from a quote found in a recent Second Circuit non-precedential summary order in an insurance bad faith case. Bad faith is not...


When Notice of Claim Is a Condition Precedent a Default Judgment May Not Help

USA - October 24 2017 Notice of claim or suit requirements in insurance policies are often viewed as a condition precedent to coverage. If the insured’s carrier is not...


Should We Expect a Surge in Reinsurance Disputes?

USA - October 23 2017 I recently came across a number of articles in the insurance trade press discussing the economic effect of the recent catastrophes on the reinsurance...