The Insurance and Reinsurance Disputes Blog provides timely summaries of recent and noteworthy insurance and reinsurance court decisions, discussions on issues impacting insurance and reinsurance disputes and commentary on other noteworthy developments concerning insurance and reinsurance. It also includes summaries and commentary on commercial arbitration with an emphasis on the Federal Arbitration Act.
Articles: 1-10 of 347
Sublimit in Primary Policy Quashes Excess Insurer’s Obligation to Follow
USA - June 24 2020 You would think that a following form excess liability policy simply follows the primary liability policy’s terms and conditions. That may well be…
Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
USA - June 24 2020 The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or…
“Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision
USA - June 23 2020 It is fundamental that a policyholder has to notify its insurance company about a claim if it expects the insurer to defend and indemnify the…
A Word About Business Interruption Claims From Vandalism, Riot and Civil Commotion
USA - June 16 2020 The death of George Floyd is a national tragedy that should never have happened. The winds of change are in the air and we can only hope that peace…
Aggregating Losses From the COVID-19 Crisis for Reinsurance Purposes
United Kingdom, USA - June 12 2020 The question of whether hundreds or even thousands of COVID-19-related losses can be aggregated together as one “loss” or “occurrence” for reinsurance…
Arbitration Should Play a Key Role in Resolving COVID-19 Insurance and Reinsurance Disputes
USA - June 8 2020 There are nearly 400 disputes in the courts about whether loss of business income because of the novel coronavirus is covered by the business income…
Broad Insurance Policy Construction Puts False Claims Act Claim Within Coverage for Medical Incidents
USA - June 5 2020 Court have always construed the duty to defend more broadly than the duty to indemnify. That broad construction becomes amplified when coupled with an…
Is Shoddy Work an Occurrence Under CGL Policies? Not in Missouri
USA - June 4 2020 Commercial general liability (“CGL”) policies protect the policyholder against property damage caused by an occurrence. Where the policyholder is sued…
Arbitration Prevails in Coverage Dispute
USA - June 3 2020 In a recent coverage dispute, an Indiana federal court addressed a two-pronged issue. First, in the case of a multi-tiered ADR clause, who decides…
New York Appellate Court Holds Bankruptcy Exception to Insured vs. Insured Exclusion Restores Directors and Officers Insurance Coverage
USA - May 28 2020 Directors and Officers (“D&O”) liability policies, like many other liability policies, often have an exclusion that precludes coverage when one…
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