Recent Publications - Insurance Coverage
September 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 MoreAugust 30, 2023 |
Western District Holds That Employee Exclusion Does Not Preclude Coverage To Additional Insureds For Claim By Named Insured’s Employee
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to the owner and general
Read MoreAugust 22, 2023 |
We bring you our August Insurance Update.
Mental state, in some form, is the common theme running through our first three cases this month.
The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary duties to shareholders, were entitled to a defense under the company’s CGL policy.
Read MoreAugust 21, 2023 |
During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the Court in the four cases discussed here were written by different judges. Moreover, three were unanimous and reversed the rulings below.
Read MoreJuly 27, 2023 |
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident
A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened
Read MoreJuly 18, 2023 |
We bring you our July Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the Ninth Circuit provides an example of when prejudice can be determined as a matter of law.
The Wisconsin Supreme Court addresses the contours of
Read MoreJune 29, 2023 |
Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub)
Read MoreJune 22, 2023 | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
- A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
June 20, 2023 |
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update.
When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply?
A professional liability policy will often pay the insured’s costs of responding to subpoenas or disciplinary proceedings. What about search warrants?
People pay
Read MoreMay 30, 2023 |
Fourth Department Holds That Ensuing Loss Exception To Faulty Workmanship Exclusion Applies To Restore Coverage For Water Loss
The insureds owned a house covered by an all-risk homeowner’s insurance policy issued by Erie Insurance Company of New York that provided coverage for damage to the house unless specifically excluded. The policy contained an exclusion for
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