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Not Every Reservation of Rights Raises a Conflict
An insurer that reserves its rights under a policy of insurance will usually raise a request by the insured for independent counsel. However, unless the reservation actually raises the need for the...
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Court of Appeals Rules Insured Must Accept Insurer’s Counsel
CA Court of Appeals Rules Insured Must Accept Insurer’s Counsel Where No Conflict of Interest Exists That Could Be Influenced by Retained CounselOn August 26th, the California Court of Appeals ruled in...
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Challenge to Regulations on Required Use of Death Master File
In United Ins. Co. of Am. v. Boron in the Circuit Court of Cook County, Illinois, three life insurers have filed an action seeking declaratory and injunctive relief from the Illinois Department of...
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Cherrington V. Erie Insurance Property and Casualty CO.: Defective...
INTRODUCTIONOn June 18, 2013, the West Virginia Supreme Court of Appeals issued its opinion in Cherrington v. Erie Insurance Property and Casualty Co., 745 S.E.2d 508 (W. Va. June 18, 2013). The...
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Court Rules Insurance Broker Had No Duty To Investigate Coverage Needs
California Court of Appeals for the Fourth District Rules Insurance Broker Had No Duty To Investigate Insured’s Coverage NeedsOn October 4, 2013, the California Court of Appeals for the Fourth District...
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Do ISO’s New “Access or Disclosure of Confidential or Personal Information...
A New York trial judge’s recent decision in Zurich American Insurance v. Sony Corporation of America has set the legal blogosphere aflutter with arguments and counter-arguments as to whether cyber...
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The V-8 Moment with Regard to Insurance
Wow, I should have had professional liability coverage. I remain amazed at how many lawyers forego such coverage. I do not understand that rationale since they would never risk their assets with an...
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Breaking Down Barriers in Policyholder-Insurer Disputes Over Counsel...
Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice...
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The Insurance Broker and Dual Agency
Insurance brokers and agents know that their respective roles entail unique responsibilities and duties to their clients. Correctly defining an individual as a broker or agent is essential to...
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Nursing Home Staff Falsification of Records
A frequent legal issue faced by nursing facilities is whether it had sufficient staff on hand to care for patients, and whether staff provided care as required by law. As a result, careful record...
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Vermont Superior Court Finds Coverage for Alleged Sexual Assault on Student...
The Sharon Academy v. Massachusetts Bay Insurance Company, et al., Vermont Superior Court, Docket No. 442-7-13 Wncv (Feb. 25, 2015).Relevant Facts:Student goes on a study-abroad program in India...
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Vermont Supreme Court Reaffirms Strict Adherence to the Economic Loss Rule –...
I have previously reported on the Vermont Supreme Court’s strict adherence to the Economic Loss Rule (ELR), and noted that some observers might find this surprising, since the Vermont Supreme Court is...
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Insurance for Lawyers
We advise, defend, and prosecute insurance-related claims regularly. Lawyers sometimes do not pay close enough attention to their own coverages, however. You should have a basic system to review and...
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2015 Insurance Bad Faith and Extra-Contractual Liability Seminar
What follows is a blog post by me on June 25, 2009. I can't resist reposting it because the 2015 Insurance Bad Faith and Extra-Contractual Liability Seminar is nine days away. The Program Chair this...
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Some Needed Insurance in the Law Office
We often joke that we lawyers knew more black letter law upon graduation from law school, or at the Bar Exam, than at any other time in our careers. It is always that pesky change that affects what we...
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