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Insurance Coverage Law Blog Blog

Articles: 1-10 of 87

Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

USA - August 14 2019 The Fifth Circuit Court of Appeals recently affirmed an order granting summary judgment in favor of the Firm’s insurer client on an issue of first…

Large Insurer Overturns $12M Arbitration Award in New York Appellate Court

USA - November 5 2018 The appeal arose out of an arbitration that began in 2010. Allied Capital sought coverage from its insurer for a $10.1 million payment made to settle…

Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

USA - June 13 2018 The Colorado Supreme Court has been busy the past two weeks, issuing a couple rulings that should be of interest to the insurance industry...

San Diego Team Prevails with Motion to Dismiss First Amended Complaint without Leave to Amend on behalf of Multi-National Insurance Company

USA - May 1 2018 On March 6, 2018, the United States District Court for the Southern District of California granted the firm’s client, a multi-national insurance…

Insurance Adjuster Employed by an Insurance Company May Be Liable for Bad Faith in Washington

USA - April 17 2018 As a general proposition, an adjuster working for an insurance company is not subject to personal liability under the common law or under state…

Court Enforces Automatic Additional Insured Provision’s Pre-Condition Requiring Underlying Contract to Be Fully Executed Pre-Loss

USA - April 16 2018 Many liability policies contain provisions, typically in endorsements, automatically bestowing additional insured status on third parties when called…

New York High Court Reconfirms That Pure Pro Rata Allocation Remains the Rule in Continuous Trigger Situations, Rejecting Attempt to Shift Allocation to Insurers for Periods Where Insurance Was Commercially Unavailable

USA - April 4 2018 Rejecting policyholder arguments that losses during periods where pollution liability insurance was commercially unavailable should be allocated to…

Insurance Coverage for Wrongful Incarceration Claims in Ohio

USA - March 2 2018 Over the past 18 months, we have examined numerous states’ approaches to insurance coverage for underlying claims of wrongful incarceration and…

New York’s Highest Court Expands the Phrase “Issued or Delivered” Under N.Y. Ins. Law § 3420(a)(2)

USA - December 11 2017 In a broad-reaching decision issued late last month, New York's highest court, the New York Court of Appeals, clarified that the phrase "issued or…

Employer’s Liability Insurer Not Obligated to Cover Claims Alleging Intentional Conduct

USA - November 29 2017 In Seneca Ins. Co. v. Cybernet Entertainment, LLC, et al., No. 16-cv-06554, the United States District Court for the Northern District of California…