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

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

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

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,

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

In recent years, more and more no-fault[1] insurance carriers and health care providers have become parties to an escalating battle over providers’ requests to obtain payment from no-fault insurers for care the providers allegedly provided to injured people (so-called “assigned first-party no-fault benefits”). At the heart of the dispute is State Farm Mutual Automobile Ins.

New York’s Highest Court Grants Reargument in Controversial K2 Case

The New York Court of Appeals has agreed to hear reargument of the controversial decision in which it held that “when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its

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After her claim for benefits was denied, the plaintiff in this case, a former employee of Corning Incorporated and a participant in the Corning Incorporated Long Term Disability Plan, sued the plan administrator – the Corning Benefits Committee – for breach of fiduciary duty by virtue of its alleged failure to furnish her with a

The past term’s significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the practice of insurance law in important ways. Among the most notable of these decisions was K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co.,[1] where the court evaluated the consequences to

Plus ça change, plus c’est la même chose.[1]

It is a lesson that lawyers should take to heart when incorporating technology in their every day best practices.  Technology may have changed the speed, immediacy, and even the formality of communication, but the effect of the communication will be determined by its content as interpreted by

Appellate Court Upholds Jury Decision Finding Health Care Provider’s Fraudulent Incorporation

The Appellate Term, Second Department, upheld a jury verdict finding that a health care provider was ineligible to recover $18 million in no-fault insurance benefits because it was fraudulently incorporated. The appellate court found “ample evidence” that the provider failed to comply with New

The plaintiff in this case sued Paul Revere Life Insurance Co., alleging that Paul Revere had engaged in bad faith and that Paul Revere had breached his disability insurance policy by terminating his disability benefits. The district court dismissed the plaintiff’s bad faith claim, and denied the plaintiff’s two motions for reconsideration.

Shortly before trial

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

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