Recent Publications - Alan S. Rutkin
October 8, 2024 |
Artificial intelligence (AI) is affecting many industries, and it will have a growing effect on lawyers. Insurers’ lawyers may be among the first affected. AI provides efficiencies. These efficiencies are important to insurers. Lawyers will be pushed to use AI.
Most lawyers are still wary, and that’s prudent. AI raises ethical issues. Lawyers must avoidRead MoreSeptember 13, 2023 | |
Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.
Thanks to the COVID-19 pandemic, technology has changed how lawyers serve insurers. The
Read MoreJune 16, 2022 | |
Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.
Read MoreFebruary 8, 2022 |
The range of issues covered in this column over the years would not be complete if I did not discuss COVID-related insurance claims. When addressing these claims, courts throughout the country have been true to policy language. Courts have enforced policy terms tying coverage to “direct physical damage” and upheld insurers’ denials.
A good context
Read MoreJanuary 28, 2022 | |
A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.
Attorneys for Mondelez and Zurich American, which was sued over its denying the
Read MoreNovember 9, 2021 | |
Alan Rutkin authored, “As Cybercrimes Continue, Lawsuits for Damages Will Grow,” for the December 2021 issue of Best’s Review. The article explores the challenges to insurers posed by the ever-evolving world of cyber liability:
- The threats are growing.
- Underwriters are trying to assess where the biggest threats exist.
- Coverage litigation is still relatively new.
July 12, 2021 | |
Alan Rutkin authored the Best’s Review article, “Cyber Threats: Get Ready and Get Tough.”
In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks.
“Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says.
Read the full article.Read MoreFebruary 1, 2021 | |
Alan Rutkin’s article, “2021 Liability Forecast: COVID, Cyber, Opioids, Sex Abuse,” appeared in the February 2021 issue of Best’s Review. Alan notes that these liability issues will, in turn, create insurance coverage issues.
To read the article, click here.
Read More
August 9, 2019 |
Alan Rutkin’s article entitled “Scam Sophistication” has been published in the August 2019 issue of Best’s Review magazine. The article speaks about taking the warnings of cybercrime seriously as scammers have become more cunning and that vigilance is important.
Click here to read the article.
Best’s Review: August 2019. Copyrighted A.M. Best Company, Inc. 2019.
Read MoreJuly 25, 2019 |
Alan Rutkin, Robert Tugander and Greg Klubok authored USLAW article, “Cybercrime and Insurance: The Key Issues.”
Reprinted with permission from USLAW.
Read MoreFebruary 6, 2019 |
Alan Rutkin’s article entitled “Money? Or Not?” has been published in the February 2019 issue of Best’s Review magazine. The article speaks about questions that may arise in several financial sections, including insurance, with the use of bitcoin and other forms of cryptocurrency.
Click here to read the article.
Best’s Review: February 2019. Copyrighted A.M.
Read MoreAugust 2, 2018 |
Alan Rutkin’s article entitled, “A Direct Answer,” has been published in the August 2018 issue of Best’s Review magazine. The article speaks about the U.S. Circuit Court of Appeals siding with insurers in looking to “plain language” to define causation language in a cyber coverage case.
Click here to read the article.
Best’s Review: August
Read MoreFebruary 16, 2018 |
Alan Rutkin’s article entitled, “Cyber Health,” has been published in the February 2018 issue of Best’s Review magazine. The article shows how most cyber coverage cases concern one or more of the following issues: authority, causation, act and injury – ACAI.
Click here to read the article.
Best’s Review: February 2018. Copyrighted A.M. Best Company,
Read MoreAugust 15, 2017 |
Alan Rutkin’s article entitled, “Cyber Concerns,” has been published in the August 2017 issue of Best’s Review magazine. The article discusses how spyware, installed on computers by retailers, led to lawsuits involving insurance companies.
Click here to read the article.
Best’s Review: August 2017. Copyrighted A.M. Best Company, Inc. 2017. All Rights Reserved, Reprinted with Permission.
Read MoreFebruary 17, 2017 |
Alan Rutkin article entitled, “Insight – Too Good to Be True?,” has been published in the February 2017 issue of Best’s Review magazine.
Click here to read the article.
Best’s Review: February 2017. Copyrighted A.M. Best Company, Inc. 2017. All Rights Reserved, Reprinted with Permission.
Read MoreNovember 17, 2016 | |
Alan Rutkin article entitled, “Insight – A Lesson in Cyber,” has been published in the November 2016 issue of Best’s Review magazine.
Click here to read the article.
Best’s Review: November 2016. Copyrighted A.M. Best Company, Inc. 2016. All Rights Reserved, Reprinted with Permission.
Read MoreJune 8, 2016 |
Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “A Broad Brush,” in the June 2016 issue of Best’s Review.
Click here to read the article.
Best’s Review: June 2016. Copyrighted A.M. Best Company, Inc. 2016. All Rights Reserved, Reprinted with Permission.
Read MoreAugust 31, 2015
Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “Protection Against Fraud Must Be Specific,” in the September 2015 issue of Best’s Review.
Click here to read the article.
Read MoreApril 30, 2015 | |
Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “The Square Peg of Cyber Coverage,” in the May 2015 issue of Best’s Review.
Click here to read the article.
Best’s Review: May 2015. Copyrighted A.M. Best Company, Inc. 2016. All Rights Reserved, Reprinted with Permission.
Read MoreDecember 31, 2014 |
Please click the link below to view Coverage vs. Crime. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Coverage vs. Crime
Copyright © 2015 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreAugust 31, 2014 |
Please click the link below to view No Oil Change in Rhode Island. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
No Oil Change in Rhode Island
Copyright © 2014 by A.M. Best Company, Inc. Reprinted with permission. All rights
Read MoreApril 30, 2014 |
Please click the link below to view “Hacking Discovered, Losses Not Covered.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Hacking Discovered, Losses Not Covered
Copyright © 2014 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreJanuary 31, 2014 |
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court decision, has ruled that a homeowner’s insurance carrier was not obligated to defend or indemnify its insured for claims that he got into a fight with a golfer, struck him with his golf club, and injured him.
The Case
While golfing with
Read MoreJanuary 31, 2014 |
The U.S. Court of Appeals for the Third Circuit, affirming a district court’s decision, has ruled that an insurance company was not required to defend or indemnify its insureds for claims that they had sent out unsolicited facsimile advertisements in violation of the federal Telephone Consumer Protection Act (“TCPA”).
The Case
After an insured corporation
Read MoreJanuary 31, 2014 |
A federal district court in Minnesota has ruled that a policy’s trademark infringement exclusion barred coverage for an action against the insured, rejecting the insured’s argument that the suit was one for covered “slogan infringement.”
The Case
The insured company was sued for (1) unfair competition under the Lanham Act, (2) unfair business practices under
Read MoreJanuary 31, 2014 |
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that “septage” was “unambiguously” a pollutant within the meaning of various insurance policies’ pollution exclusions.
The Case
A lawsuit against the insureds alleged that they had contaminated well water by over-spraying septage – a combination of water, urine, feces, and chemicals – and
Read MoreJanuary 31, 2014 |
The Nebraska Supreme Court has affirmed a trial court’s decision that exclusions in a homeowner’s insurance policy and in a personal umbrella insurance policy barred coverage for claims against the homeowner that his son had sexually assaulted a minor, ruling that a severability clause in the policies did not change the exclusions’ “plain language” or
Read MoreDecember 31, 2013 |
Please click the link below to view “If All Else Fails, Bang the Table.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
If All Else Fails, Bang the Table
Copyright © 2014 by A.M. Best Company, Inc. Reprinted with permission.
Read MoreDecember 31, 2013 |
The Wisconsin Supreme Court, affirming lower court decisions, has ruled that an asbestos exclusion in a business owners policy that had been issued to the sellers of a building precluded coverage for losses claimed by the buyers of the building.
The Case
A company that purchased an apartment building asserted that its contractor cut through
Read MoreDecember 31, 2013 |
A Pennsylvania appellate court ruled that a commercial umbrella insurance policy covered product-liability-based tort claims. In doing so, it rejected the trial court’s decision that the underlying lawsuits involved only claims of “faulty workmanship.”
The Case
Homeowners and other property owners filed multiple out-of-state lawsuits against two companies, alleging that their windows and doors had
Read MoreDecember 31, 2013 |
A federal district court in Michigan has upheld a magistrate judge’s decision requiring an insurance company to disclose the reserve amount to its insured in a coverage action.
The Case
After water damaged an apartment building, the building owner submitted a proof of loss to its insurance company for approximately $5.6 million. The insurer made
Read MoreDecember 31, 2013 |
A federal district court in California has refused to order an insurance company to comply with a plaintiff’s “overbroad” discovery requests. The court, instead, only ordered the insurer to provide “some statistical discovery.”
The Case
An employee who was insured under an employer sponsored plan was fatally injured in a single vehicle accident after he
Read MoreNovember 30, 2013 |
The U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision in favor of an insurance company, ruling that an errors and omissions policy did not cover alleged intentional misconduct and that the insured had “misunderst[ood]” the effect of a provision in the policy’s “Exclusions” section.
The Case
One insurance agency
Read MoreNovember 30, 2013 |
A federal district court in Georgia has ruled that a homeowner’s insurance policy excluded coverage for claims that the insured had assaulted his daughter-in-law even if the insured’s voluntary intoxication had affected his intent.
The Case
A woman sued her father-in-law, alleging that, after they had left a bar, he was intoxicated, placed her in
Read MoreNovember 30, 2013 |
A federal district court in Florida has rejected an insurance company’s argument for coverage under a reinsurance treaty on the basis of equitable estoppel.
The Case
A contractor entered into a contract with a city in Florida to relocate utilities within the right-of-way along Florida State Road 50. At the completion of the project, the
Read MoreNovember 30, 2013 |
A federal district court in Michigan has refused to dismiss an insurer’s declaratory judgment action, ruling that an alleged collision between a pedestrian and a vehicle might not have been an “accident” for purposes of the insureds’ no-fault insurance policy if the pedestrian’s intentional acts had led to the collision.
The Case
An insurer sought
Read MoreNovember 30, 2013 |
A federal district court in Pennsylvania has ruled that an intentional acts exclusion in a homeowner’s insurance policy barred coverage of claims arising from an assault even where the defendant may have lacked the mental capacity to govern his conduct.
The Case
The administrator of the estate of a deceased man sued a couple and
Read MoreOctober 31, 2013 |
The Delaware Supreme Court has ruled that an independent contractor exclusion in an insurance policy was not ambiguous and that it applied to employees of an independent contractor.
The Case
A company contracted to handle the dining services for a nursing home in Wilmington, Delaware. An employee of the company alleged that he was injured
Read MoreOctober 31, 2013 |
A federal district court in Indiana has ruled that a medical expenses exclusion in a businessowners liability insurance policy unambiguously excluded coverage of bodily injury to the insured, and that, as a result, claims by the insured against additional insureds under the policy also were excluded.
The Case
A landscaper contracted with a bank to
Read MoreOctober 31, 2013 |
A federal district court in Kansas has ruled that an auto exclusion in a commercial general liability (“CGL”) insurance policy excluded coverage for claims against a moving company’s executives alleging that they had failed to maintain a truck.
The Case
An employee of a moving company was fatally injured while loading furniture and belongings into
Read MoreOctober 31, 2013 |
A federal district court in Hawaii has ruled that a commercial general liability (“CGL”) insurance policy “unambiguously” did not provide coverage for two lawsuits filed against the insureds that were based on allegations of patent infringement.
The Case
A life-sciences inventor brought two lawsuits – a “business interference” action and a “patent infringement” case –
Read MoreOctober 31, 2013 |
A federal district court in Michigan has ruled that a homeowner’s insurance policy unambiguously excluded coverage for a lawsuit stemming from a moped accident.
The Case
While vacationing in Ohio, a policyholder was driving a rented moped on a public street when she crashed into a golf cart, and three of the four occupants of
Read MoreSeptember 30, 2013 |
The U.S. Court of Appeals for the First Circuit has ruled that a homeowner was not entitled to recover under a Standard Flood Insurance Policy (“SFIP”) where he had not signed and sworn to a proof of loss as required by the National Flood Insurance Program (“NFIP”).
The Case
After his house was flooded, a
Read MoreSeptember 30, 2013 |
A federal district court in Alabama has ruled that a driver sitting in his parked car who shot a person walking toward him was not entitled to a defense or indemnity from his automobile insurance carrier in the lawsuit the victim brought against the driver.
The Case
After Dale Christian stopped his car in a
Read MoreSeptember 30, 2013 |
The Alabama Supreme Court has reversed a trial court’s decision that a builder’s insurance carrier was obligated to pay an arbitration award entered against the builder. The court found that the builder’s alleged faulty workmanship was not an “occurrence.”
The Case
Thomas and Pat Johnson contracted with Jim Carr Homebuilder, LLC, a licensed homebuilder, for
Read MoreSeptember 30, 2013 |
The New Jersey Supreme Court has ruled that, in long-tail, continuous-trigger cases where an insolvent carrier is on the risk along with solvent carriers, an insured first must exhaust the policy limits of the solvent carriers before seeking statutory benefits from the New Jersey Property-Liability Insurance Guaranty Association.
The Case
In two consolidated cases involving
Read MoreSeptember 30, 2013 |
A California appellate court has ruled that the term “physical contact” in an insurance liability policy’s “Assault or Battery” exclusion did not require direct “body-to-body” contact.
The Case
A nightclub dancer was injured when a patron threw flammable liquid on her and then set her on fire. She sued the club.
The club’s insurance carrier
Read MoreSeptember 30, 2013 |
A federal district court in Illinois has ruled that an insurance carrier did not have to defend or indemnify the defendant in an environmental lawsuit where it had not provided notice of the suit to the insurer for more than two years.
The Case
Fairmount Park, Inc., the successor in interest to Ogden Fairmount, Inc.,
Read MoreSeptember 27, 2013 |
The New Jersey Supreme Court has ruled that an insurance carrier with an obligation to indemnify and defend an insured has a direct claim for contribution against its co-insurer for defense costs arising from continuous property damage litigation. The court also decided that the contribution claim was not extinguished when the insured gave up its
Read MoreSeptember 27, 2013 |
The U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision that plaintiffs failed to meet their burden of demonstrating that an exception applied to an auto exclusion in a commercial general liability (“CGL”) insurance policy.
The Case
A Mack truck with an attached tree spade that was owned by a
Read MoreSeptember 27, 2013 |
The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision dismissing a lawsuit alleging that the failure to mention a $1 million self-insured retention (“SIR”) in a certificate of insurance was a material misrepresentation.
The Case
Medical Staffing Network contracted with a hospital to provide the hospital with temporary nursing
Read MoreSeptember 27, 2013 |
A federal district court in Michigan has ruled that an insurance policy’s pollution exclusion barred coverage for criminal charges that were based on an alleged violation of a state-issued air use permit.
The Case
Curtis Metal Finishing Company allegedly operated two zinc-phosphate plating lines at its steel treating facility with a “scrubber” that was offline,
Read MoreSeptember 27, 2013 |
A federal district court in Pennsylvania has ruled that “prior publication” exclusions in a commercial general liability and commercial umbrella liability policies barred coverage of an action against the insured that sought damages for advertising injury allegedly begun before the policies’ inception date.
The Case
The Navajo Nation sued Urban Outfitters and its wholly-owned and
Read MoreAugust 31, 2013 |
Please click the link below to view City Limits. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
City Limits
Copyright © 2013 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreJuly 31, 2013 |
A federal district court in California has ruled that claims of asbestos and other contamination brought by tenants against the owner of their apartment building after it renovated their unit were not covered by the owner’s insurance policy.
The Case
Parklyn Bay Company, LLC, owned an apartment building in San Francisco. After
Read MoreJuly 31, 2013 |
A federal district court in Connecticut has ruled that a homeowner’s first-party claim for mold damage and remediation was not covered by a Limited Fungi, Wet or Dry Rot, or Bacteria Endorsement. The endorsement only covered premises liability claims, the court decided.
The Case
After Homestead Country Properties, LLC, found mold in
Read MoreJuly 31, 2013 |
A federal district court in Tennessee has ruled that a business owner’s insurance policy did not cover claims brought by people who alleged they had been injured in an accident with the insured’s employee, who left a holiday party in his own truck after drinking.
The Case
J. O. Adams, who owned
Read MoreJuly 31, 2013 |
A federal district court in Louisiana has ruled that an umbrella insurance policy excluded coverage for costs incurred in the aftermath of a gas well blowout.
The Case
Pioneer Exploration, LLC, operated a gas well in Louisiana under a mineral lease. The well suffered a blowout. After Pioneer incurred costs to remediate the
Read MoreJune 30, 2013 |
The Supreme Judicial Court of Maine has affirmed a lower court’s ruling in favor of Allstate Insurance Company, finding that claims that its insured had misrepresented the condition of property he sold and failed to disclose the property’s prior use as a junkyard were not covered by his homeowner’s insurance policy.
The Case
After Patrick
Read MoreJune 30, 2013 |
The U.S. Court of Appeals for the Third Circuit has affirmed a district court’s decision in favor of an insurer, concluding that its policy excluded coverage for actions taken with an intent to cause harm, and that the underlying complaint against the insured alleged “an intent to harm, not recklessness.”
The Case
Sylvan Heights Realty
Read MoreJune 30, 2013
The U.S. Court of Appeals for the Ninth Circuit has ruled that claims against a city by condominium buyers arose when they purchased their units, well before the effective dates of insurance policies that had been issued to the city. Therefore, there was no coverage for the buyers’ claims.
The Case
The City of San
Read MoreJune 30, 2013 |
The U.S. Court of Appeals for the Eighth Circuit has ruled that absolute pollution exclusions in commercial general liability (“CGL”) insurance policies issued to a lead producer unambiguously barred coverage of claims alleging environmental property damage stemming from the insured’s operation of a mill.
The Case
Nadist, LLC, sued Doe Run Resources Corporation, the largest
Read MoreJune 30, 2013 |
A federal district court in Louisiana has ruled that a pollution exclusion barred coverage for allegations that damage to a house was caused by the accumulation of guano in and below the attic, which had become a bat roosting colony.
The Case
Michael Marcelle alleged that his home’s attic had been invaded and damaged by
Read MoreJune 30, 2013 |
A federal district court in Pennsylvania has granted judgment in favor of a homeowner’s insurer, finding that allegations that its insured trespassed on an association’s property, set fire to leaves, and damaged the property were excluded from coverage by the policy’s criminal acts exclusion.
The Case
A 22 year old student living with his parents
Read MoreMay 31, 2013 |
The Minnesota Supreme Court has ruled that the absolute pollution exclusion encompassed carbon monoxide released in a home by a boiler that allegedly had been negligently installed.
The Case
Homeowners sued a contractor, alleging that negligence in the installation of a boiler led to the discharge of carbon monoxide in their home, which injured them.
Read MoreMay 31, 2013 |
An appellate court in Massachusetts has ruled that the pro rata time-on-the-risk allocation method adopted by the Massachusetts Supreme Judicial Court in 2009 in Boston Gas Co. v. Century Indem. Co. should be applied to determine the extent of indemnity coverage owed by Liberty Mutual Insurance Company for claims brought against its insured, New England
Read MoreMay 31, 2013 |
The U.S. Court of Appeals for the Fourth Circuit has ruled, for an insurer represented by Mike Kotula of Rivkin Radler, that “qualified” pollution exclusions and “absolute” pollution exclusions in commercial general liability (“CGL”) insurance policies barred coverage of claims arising out of the cleanup of environmental contamination at a former fertilizer manufacturing facility.
The
Read MoreMay 31, 2013 |
An Indiana appellate court has ruled that recital language in a release signed by an insured in favor of its insurer that arguably suggested that the release applied to only some of the insurance policies the insured had with its insurer did not trump the “clear language” in the release that released the insurer from
Read MoreMay 31, 2013 |
The New Hampshire Supreme Court has ruled that an excess insurer had no duty to defend the owners of a business that made photograph albums on property in Connecticut against a claim by the property’s purchaser that they had contaminated the property.
The Case
Sheldon and Melvin Holson operated a business that made photograph albums
Read MoreApril 30, 2013 |
The Idaho Supreme Court has ruled that an insurance company was obligated to pay costs and attorney’s fees awarded in an action against its insured ? even though the compensatory damages awarded against its insured were not covered by the policy.
The Case
After a fire at their home, David and Kathy Donnelly hired Rimar
Read MoreApril 30, 2013 |
The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s decision that a building owner’s expenses in seeking to stabilize and then to demolish a building damaged in a windstorm were not covered under its commercial general liability insurance policy.
The Case
Several years ago, Clarinet, LLC, purchased a building in
Read MoreApril 30, 2013 |
A federal district court has ruled that a shooting that formed the basis of a state court judgment was not an “accident,” and therefore was not an “occurrence,” for purposes of determining coverage under two homeowner’s insurance policies.
The Case
Alexander Yin sued Andrew Pira and his father Richard, alleging that Andrew Pira and some
Read MoreApril 30, 2013 |
A federal district court has ruled that an insured did not destroy evidence when it removed a wrecked ship without first notifying its insurer.
The Case
During insurance coverage litigation between Starr Indemnity & Liability Company and New York Marine & General Insurance Company (together, “Starr”) and the Continental Cement Co., Starr asserted that Continental
Read MoreApril 30, 2013 |
Please click the link below to view In Plain English. Adobe Reader is required to view the bulletin.
In Plain English
Copyright © 2013 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreMarch 31, 2013 |
A federal district court in New York has ruled that the “wrongful acts” exclusion in a professional liability insurance policy issued to an accounting firm excluded coverage for claims against the accounting firm allegedly arising from fraud and misrepresentation by the firm’s clients.
The Case
Customers of Cambridge Credit Counseling Corp. (“CCCC”) and Cambridge/Brighton Budget
Read MoreMarch 31, 2013 |
A federal district court in Alabama has ruled that a law firm did not have an insurable interest in a commercial building that was destroyed by fire and it therefore granted summary judgment in favor of the insurer that had issued commercial liability and property insurance policies for the building.
The Case
Guster Law Firm,
Read MoreMarch 31, 2013 |
An insurance company that first sought to cancel an insurance policy based on an alleged misrepresentation in an application for the policy waived its right to subsequently seek to have the policy declared void ab initio, a federal district court in Connecticut has ruled. Moreover, the court also decided, the insurer was equitably estopped from
Read MoreMarch 31, 2013 |
A life insurance carrier may rescind a life insurance policy that it issued after it received an application from the insured, performed a medical exam on the insured, and obtained a form from the insured that misrepresented that there had been no changes to his health since the medical exam, a federal district court in
Read MoreMarch 31, 2013
A federal district court has decided that an insurance company’s “conclusory” allegations that applications contained false statements amounting to fraud were insufficient to withstand a motion to dismiss.
The Case
An insurance company alleged that there were false statements made in insurance applications and filed suit against Risk Placement Services, Gloria Lam, and Joan Vascones
Read MoreFebruary 28, 2013 |
The Colorado Supreme Court has reversed an intermediate appellate court and decided that the pollution exclusion in a commercial general liability (“CGL”) insurance policy issued to a restaurant barred coverage under the policy of claims against the restaurant that arose after it dumped cooking grease into the sewer and created a grease clog.
The Case
Read MoreFebruary 28, 2013 |
The Supreme Court of Idaho has rejected a minor league baseball team’s argument that the “Baseball Rule” limited its duty to spectators hit by foul balls.
The Case
Bud Rountree was struck by a baseball while attending a minor league baseball game and, as a result, lost an eye. He sued the team and a
Read MoreFebruary 28, 2013 |
The Supreme Court of Appeals of West Virginia has ruled that a court – not a jury – had to decide whether a policy exclusion was ambiguous and had been brought to the attention of the insured.
The Case
Gerald Kirchner was accidentally shot and killed by Robbie Bragg while both were working at Grimmett
Read MoreFebruary 28, 2013 |
The Alaska Supreme Court has affirmed a decision rejecting a bad faith claim against an insurer and awarding the insurer attorney’s fees and costs.
The Case
On the morning of September 3, 2000, Alya Landt and Innocent Dushkin ? both of whom were intoxicated ? were in a rented truck that Landt was driving. The
Read MoreJanuary 31, 2013 |
Does a homeowner’s policy cover a claim asserting that the insured was negligent when he placed a handgun on the victim’s neck and pulled the trigger? The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court decision finding that there was no coverage in this case.
The Case
-->Read More
January 31, 2013 |
A federal district court in Virginia has ruled that an assault or battery exclusion barred coverage for claims allegedly arising from a fight at a billiards tournament.
The Case
The plaintiff in this case filed a premises liability lawsuit against The Locker Room, LLC, alleging that he was injured in a fight that took place
Read MoreJanuary 31, 2013 |
A Pennsylvania federal district court has ruled that complaints against a funeral director who had been convicted of crimes involving the unlawful taking and sale of body parts did not allege an “occurrence” and that none of the alleged damages met the definitions of “bodily injury” or “property damage.”
The Case
The case involved
Read MoreJanuary 31, 2013 |
A Minnesota appeals court has ruled that an insurance policy that expressly excluded coverage for claims arising from an alleged contract breach by the insured also excluded coverage for other statutory claims related to the alleged breach – and that the insurer was entitled to recover the defense costs it had previously advanced.
The Case
Read MoreDecember 31, 2012 |
Please click the link below to view Put on Hold. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Put on Hold
Copyright © 2013 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreDecember 31, 2012 |
Claims that weight loss products were ineffective and did not lead to weight loss were not covered by the manufacturer’s insurance policy, which provided coverage for claims of “bodily injury,” the U.S. Court of Appeals for the Fifth Circuit has affirmed.
The Case
Consumers sued CSA Nutraceuticals GP, L.L.C., and CSA Nutraceuticals, L.P., (collectively “CSAN”)
Read MoreDecember 31, 2012
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurer did not have to defend claims against its insured where the insured did not notify the insurer of the claim for over eight months, in violation of the policy’s notice requirement, even in the absence of prejudice to the insurer.
The
Read MoreDecember 31, 2012 |
Pollution exclusions in insurance policies issued to a homebuilder did not cover claims for damages associated with the supply and installation of allegedly defective Chinese drywall, the U.S. Court of Appeals for the Eleventh Circuit has ruled.
The Case
KB Home, Inc., and KB Home Tampa, LLC, alleged that American Building Materials had supplied KB
Read MoreDecember 31, 2012 |
A commercial general liability (“CGL”) insurance policy’s pollution exclusion and its damage to property exclusion both excluded coverage for the costs incurred by an insured oil company that had been directed to remediate and remove water and soil polluted with diesel fuel.
The Court’s Decision
The court first decided that the claim of the insured,
Read MoreDecember 31, 2012 |
The assault and battery exclusion in a tavern’s commercial general liability (“CGL”) insurance policy excluded coverage for claims asserted by a person allegedly injured in a fight at the tavern, a federal district court has ruled.
The Case
A person allegedly injured in a fight at TJ Coffey’s, a tavern located in Buffalo, New York,
Read MoreDecember 31, 2012 |
A New York court has ruled that a Computer Systems Fraud rider to a Financial Institution Bond did not cover alleged fraudulent activity by authorized users of the insured’s system.
The Case
Universal American Corp. offered a variety of insurance products to health care providers, including “Medicare Advantage Private Fee-For-Service” plans (“MA-PFFS”). The MA-PFFS plans
Read MoreDecember 31, 2012 |
While employed as an accountant at an accounting firm, Jeanne Hentz had a compact disc belonging to the firm stolen from her personal vehicle, which was parked at her house. The compact disc contained confidential information belonging to some of her employer’s clients. Those clients sued Hentz in Illinois state court for credit monitoring and
Read MoreNovember 30, 2012 |
A federal district court in Colorado has ruled that National Union Fire Insurance Company of Pittsburgh, PA, was not obligated to reimburse Scottsdale Insurance Company for a portion of the $4.35 million that Scottsdale had contributed to the settlement of an underlying lawsuit against Northwest Construction Company.
The Case
The underlying lawsuit involved the construction
Read MoreNovember 30, 2012 |
A federal district court in Ohio has ruled that a reservation of rights letter that a homeowner’s insurance carrier sent to its insureds after a second fire at their home was timely.
The Case
State Farm Fire & Casualty Company issued a homeowner’s insurance policy to Mark and Brenda Gibney that contained a “Concealment or
Read MoreNovember 30, 2012 |
A federal district court in Michigan was asked to consider whether certain expenses incurred by the insured fell within the definition of “cleanup costs” required by governmental regulation resulting from a release of contaminants into the ground from scheduled storage tank systems.
The Case
After H & M Petro Mart discovered a “release” of contaminants
Read MoreNovember 30, 2012 |
A court has ruled that claims that an insured engaged in a conspiracy to falsely accuse her former husband of child sex abuse were not covered by her insurance policy because they did not constitute an “occurrence” and because claims for emotional distress damages were not for “bodily injury.”
The Case
A woman who was
Read MoreNovember 30, 2012 |
Are excess insurers obligated to indemnify a religious institution for a negligence-based claim? A federal district court in Missouri has determined that there was no coverage in these circumstances.
The Case
The plaintiff in a lawsuit against the Archdiocese of St. Louis and Archbishop Robert J. Carlson alleged that a former priest and employee of
Read MoreOctober 31, 2012 |
The efforts of policyholders involved in coverage litigation with insurance companies to discover insurer files often leads to extensive and complex litigation. In a recent case, however, a plaintiff seeking disability benefits saw his discovery motion doomed because of something rather basic: His failure to comply with two local court rules.
Thomas Neilson filed a
Read MoreOctober 31, 2012 |
As more and more restaurant servers go to court to try to recover wages, tips, or other benefits that they contend have been unlawfully withheld by their employers, there are more and more insurance coverage claims relating to these actions. Recently, for example, a federal district court in Massachusetts found that claims that a club
Read MoreOctober 31, 2012 |
A decision by a Colorado appellate court, as a matter of first impression, finding that a repair vendor was a “first-party claimant” where it sued an insurer on behalf of its insured seems to expand the definition of “first-party claimant” – and could lead to an increase in the number of plaintiffs suing insurance companies.
Read MoreOctober 31, 2012 |
A case in which a court found that commercial general liability policies did not provide coverage for economic losses stemming from a breach of contract also had some interesting things to say about reservation of rights letters.
The plaintiff in litigation stemming from a construction project alleged that the insured defendants refused to pay for
Read MoreOctober 31, 2012 |
Suppose an insurer provides a defense to an insured and settles the claim over the insured’s objection. Suppose the insured refuses to pay the deductible and the insurer sues for breach of contract. If the insurer obtains a judgment against the insured, is the insurer entitled to prejudgment interest?
That was the issue in the
Read MoreOctober 31, 2012 |
The Telephone Consumer Protection Act (“TCPA”) makes it unlawful for any person within the United States to use any fax machine, computer, or other device to send unsolicited advertisements to another fax machine. The TCPA creates a private right of action and permits recipients of unwanted fax advertisements to obtain damages – including statutory damages
Read MoreOctober 31, 2012 |
An appellate court in Pennsylvania has rejected two insureds’ contentions that “advertising” included solicitation or marketing presented to an individual or group for the purpose of gaining their business, adopting the arguments presented by Rivkin Radler on behalf of the insurance carriers.
In this case, an insurance broker brought suit against a former employee and
Read MoreSeptember 30, 2012 |
Kings Sports, Inc., which advertised and sold golf clubs online, was sued by Roger Cleveland Golf Company, Inc., for allegedly violating Cleveland Golf’s trademarks by advertising and selling golf clubs that looked like clubs it manufactured but that actually were not manufactured by it or with its permission. State Farm Fire and Casualty Company,
Read MoreSeptember 1, 2012 |
Please click the link below to view Attempting To Escape. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Attempting To Escape
Copyright © 2012 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreAugust 31, 2012 |
A jury awarded a dentist $1,654,663.50 for injuries she suffered at the insured’s property. The insured demanded that its excess insurer, Philadelphia Indemnity Insurance Company, pay the amount in excess of its primary coverage amount. Philadelphia contended that it first received notice of the dentist’s suit (or claim) after judgment and denied coverage for
Read MoreJuly 31, 2012 |
Robert Mericle, the owner of Mericle Construction, a company that built private juvenile facilities, was sued for his alleged role in a judicial kickback scheme. After he tendered the claims to the insurance company that had issued him a commercial general liability insurance policy, the insurer denied coverage. The insurer then filed a declaratory
Read MoreJune 30, 2012 |
Valero Refining Company contracted with Encompass Power Services to design, engineer, and construct a co-generation facility. After a fire caused significant damage, Valero sought over $40 million in damages from Encompass.
A federal district court held that Encompass’ three primary insurers had to split the costs initially spent by one of them defending Encompass
Read MoreMay 31, 2012 |
Two people were arrested in 1977 for the murder of a retired police officer and were convicted in 1978. In 2003, they were released from prison. They then filed suit against the city of Council Bluffs, Iowa, alleging malicious prosecution.
After the city sought coverage from Genesis Insurance Company, Genesis sought a declaratory judgment
Read MoreApril 30, 2012 |
A competitor of C.R. Bard, Inc., which manufactures urological medical products, alleged that Bard unlawfully had disparaged a catheter it manufactured by intentionally misrepresenting to prospective purchasers that nitrofurazone, an anti-microbial agent released into the catheter/urethra interface to protect the urethral tract and bladder tissues from infection, was an “antibiotic when it is in
Read MoreApril 30, 2012 |
Please click the link below to view the Claim Tossed Under the Bus. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Claim Tossed Under the Bus
Copyright © 2012 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreMarch 31, 2012 |
Joel and Evelyn Hirschhorn owned a vacation home in Wisconsin that was covered by a homeowners insurance policy that insured the home, along with structures and personal property located at the insured property, against “accidental direct physical loss.” It also contained a pollution exclusion clause that excluded from coverage any loss “resulting directly or
Read MoreFebruary 29, 2012 |
After Attsgood Realty Company was sued for lead poisoning injuries allegedly sustained by a young child, the court entered judgment against Attsgood for $850,000. Attsgood’s insurer contended that the child had been exposed to lead poisoning in a house in Baltimore from January 17, 1991, to August 1995 (55 full months), and that it
Read MoreJanuary 31, 2012 |
After a condominium unit owners association sued the project’s general contractor, the general contractor filed a third party complaint against several subcontractors. The general contractor’s commercial general liability insurer defended the general contractor and paid to settle the state court litigation. The insurer then sued the subcontractors’ insurers, seeking equitable contribution. A federal district
Read MoreJanuary 31, 2012 |
Please click the link below to view The Dishonesty, Personal Profit, and Money Laundering Exclusions in D&O and E&O Insurance. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
The Dishonesty, Personal Profit, and Money Laundering Exclusions in D&O and E&O
Read MoreDecember 31, 2011 |
A severe flood that struck Cedar Rapids, Iowa, in 2008 damaged many of its businesses, including a manufacturing facility owned and operated by Penford Corporation. Penford submitted claims to its insurers, but they asserted that certain policy sublimits capped reimbursement for damages caused by a flood and that those sublimits applied to both property
Read MoreDecember 31, 2011 |
Please click the link below to view the Shadowy Risks, Invisible Ruling. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Shadowy Risks, Invisible Ruling
Copyright © 2012 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreNovember 30, 2011 |
After their son allegedly injured a man in a bar fight, the injured man’s lawyer sent a letter to the couple’s lawyer stating that he intended to pursue legal remedies against the couple’s son. The couple’s lawyer forwarded the letter to the insurance company that had issued the couple a homeowners’ insurance policy, and
Read MoreOctober 31, 2011 |
After the minor daughter of the owner of Tri County Contractors, Inc., was involved in an automobile accident, the injured person and his wife sued the Tri County owner and his wife to recover for the injuries sustained in the accident. The plaintiffs obtained a judgment against the Tri County owner and his wife
Read MoreSeptember 30, 2011 |
After he was hired to deliver casing and oversee its installation in an oil well, the insured delivered the casing but removed more, as excess, than he should have. As a result of this error, the well was too shallow. The well owner had the well reworked and sued the insured to recover its
Read MoreAugust 31, 2011 |
Please click the link below to view the Poor Judgment, Uninsured Loss. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Poor Judgment, Uninsured Loss
Copyright © 2011 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreAugust 31, 2011 |
Palm Beach Grading, Inc., a general contractor on the Moody River Project in Florida, contended that the work performed by one of its subcontractors, A-1 Underground Services, Inc., on a sewer system pipe was defective. Palm Beach hired another subcontractor, RDMC, Inc., to repair the work. As a result, Palm Beach incurred $256,208.01 in
Read MoreJuly 31, 2011 |
After extensive litigation and negotiations, the Passaic Valley Sewerage Commission (“PVSC”) and Spectraserv, Inc., entered into a settlement agreement providing for the transfer of assets and other consideration from PVSC to Spectraserv. The settlement included the entry of a consent order resolving notices of violation that PVSC had issued to Spectraserv; PVSC’s agreement to
Read MoreJune 30, 2011 |
Real estate developers obtained insurance for the construction and sale of homes they were building, primarily against claims of defective construction. The developers received $10 million of coverage on each of two projects and paid the insurer an “advance premium” of approximately $1.3 million. Due to the deteriorating real estate and credit markets, however,
Read MoreMay 31, 2011 |
A vehicle driven by Marilyn Mong struck a tractor driven by her husband Tim, resulting in Tim’s death at the scene. Kolt Mong, Marilyn’s stepson and Tim’s natural son, was in Marilyn’s vehicle at the time; he subsequently filed a negligence action against Marilyn seeking damages for mental distress. In another case, Tim’s estate
Read MoreApril 30, 2011 |
Please click the link below to view Battle Lines. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Battle Lines
Copyright © 2011 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreApril 30, 2011 |
Portions of property owned by Industrial Enterprises, Inc., in Baltimore, Maryland, had been used as landfills from the 1940s through the 1970s. In 1999, the U.S. Environmental Protection Agency proposed to include Industrial’s property, and neighboring properties, in a Superfund Site for cleanup. As part of its process, the EPA sent Industrial a letter
Read MoreMarch 31, 2011 |
W3i Mobile, LLC, which provides mobile content such as ringtones, quizzes, horoscopes, and weather alerts to cellular telephone users, was sued by customers who claimed that W3i billed for products customers never ordered or received. W3i sought coverage under a Business and Management Indemnity policy and sued its insurer. The district court granted summary
Read MoreFebruary 28, 2011 |
Construction workers and landowners brought 90 negligence claims alleging that owners of more than 15.5 acres of land in Dania Beach, Florida, had been negligent in releasing, discharging, emitting or otherwise permitting extremely hazardous toxic chemicals from the soil and groundwater at the land; removing or transporting contaminated soil and groundwater from the property;
Read MoreJanuary 31, 2011 |
After Sharon Lissauer allegedly invested more than $11 million with Bernard Madoff, and after she realized that she had lost millions of dollars when his Ponzi scheme collapsed, Ms. Lissauer brought a lawsuit in federal court in an effort to recover that money. The defendant Ms. Lissauer named in her lawsuit was Fireman’s Fund
Read MoreDecember 31, 2010 |
Ernst & Young had been retained as an auditor for a now defunct workers’ compensation self-insurance group. The rehabilitator appointed pursuant to Kentucky’s Insurers Rehabilitation and Liquidation Law (“IRLL”) asserted tort claims on behalf of the group against Ernst & Young in state court. Ernst &
Read MoreDecember 31, 2010 |
Please click the link below to view Ring Around the Collar. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Ring Around the Collar
Copyright © 2011 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreSeptember 30, 2010 |
Copyrighted A.M. Best Company, Inc. 2010. All Rights Reserved. Posted with Permission.
Please click the link below to listen to the interview.
Getting To Yes
Read MoreSeptember 30, 2010 |
Please click the link below to view “Without Question, The Answer is Yes.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Without Question, The Answer is Yes
Copyright © 2010 by A.M. Best Company, Inc. Reprinted with permission. All rights
Read MoreJuly 31, 2010 |
Please click the link below to view “Seeking Shelter.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Seeking Shelter
Copyright © 2010 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.
Read MoreApril 30, 2010 | |
Please click the link below to view “Will Insurers Still Ride With Toyota?” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.
Will Insurers Still Ride With Toyota?
Copyright © 2010 by A.M. Best Company, Inc. Reprinted with permission. All rights
Read MoreApril 30, 2010 |
Copyrighted A.M. Best Company, Inc. 2010. All Rights Reserved. Posted with Permission.
Please click the link below to listen to the interview.
How Liability Issues Ultimately Lead to Insurance Concerns
Read MoreDecember 31, 2005 |
When a company is scammed, who pays the insurance?
Insurance coverage case law sometimes reads like a supermarket tabloid, and no case has more tabloid-like facts than the October 2005, decision in Federal Insurance Co. vs. Ace Property and Casualty Co., a case from the United States Court of Appeals for the Fifth Circuit.
Read More- AI
- Appeals
- Banking
- Bankruptcy
- Cannabis
- Commercial Litigation
- Complex Torts & Product Liability
- Compliance, Investigations & White Collar
- Construction
- Corporate
- Dental Practice Counseling
- Directors & Officers Liability
- Employment & Labor
- Environmental
- General Liability
- Health Services
- Immigration
- Insurance Coverage
- Insurance Fraud
- Intellectual Property
- Medical Malpractice Defense
- Privacy, Data & Cyber Law
- Professional Liability
- Real Estate, Zoning & Land Use
- Tax
- Trusts & Estates